Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PEST MANAGEMENT
BILL 2001
Queensland
PEST MANAGEMENT BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Main object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2--Application
6 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Non-application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Whether pest control activity is used in primary production . . . . . . . . . . . . 13
9 Pest control activities using household pesticides. . . . . . . . . . . . . . . . . . . . . 14
Division 3--Exemptions
10 Limited exemptions under regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--LICENCES
Division 1--Licences generally
11 Licence is required to carry out pest management activity . . . . . . . . . . . . . . 15
12 Restriction on application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Transfer of licence prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Suitability to hold licences
14 Suitability of person to hold licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Requirement to undergo health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Applicant failing to undergo health assessment . . . . . . . . . . . . . . . . . . . . . . 17
17 Use of assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
Pest Management Bill 2001
18 Payment for health assessment and report . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Applications for licences
19 Requirements about application for licence . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Further information or documents to support application for licence. . . . . . 18
Division 4--Decisions about applications for licences
21 Decision about application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Failure to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Further consideration of application for licence . . . . . . . . . . . . . . . . . . . . . . 20
Division 5--Issue of licences
24 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 6--Conditions of licences
26 Conditions of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Contravention of condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 7--Renewals of licences
28 Notice of imminent expiry of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Requirements about application for renewal of licence . . . . . . . . . . . . . . . . 23
30 Further information or documents to support application for renewal . . . . . 23
31 Decision about application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Expiring licence continues in force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 8--Variation of licences
Subdivision 1--Variation on chief executive's initiative
33 Varying licence--chief executive's initiative . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 2--Applications for variation
34 Varying licence--application by pest management technician. . . . . . . . . . . 26
35 Further information or documents to support application for variation . . . . 26
36 Decision about application for variation of licence. . . . . . . . . . . . . . . . . . . . 26
37 Failure to decide application for variation of licence . . . . . . . . . . . . . . . . . . 27
38 Further consideration of application for variation. . . . . . . . . . . . . . . . . . . . . 27
Subdivision 3--Recording variations
39 Varied licence to be produced and new licence issued . . . . . . . . . . . . . . . . . 29
3
Pest Management Bill 2001
Division 9--Replacement of licences
40 Application for replacement of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
41 Decision about application for replacement of licence . . . . . . . . . . . . . . . . . 30
Division 10--Surrender of licences
42 Surrender of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 11--Suspension and cancellation of licences
43 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
44 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
45 Representations about show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
46 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 32
47 Suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
48 Return of cancelled or suspended licence to chief executive . . . . . . . . . . . . 33
49 Immediate suspension of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 12--Offences
50 Holding out while unlicensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
51 When pest management technician etc. must not permit or require
another person to carry out a pest management activity . . . . . . . . . . . . . . . . 35
52 Failure to supervise trainee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 13--Notices to be given to chief executive
53 Pest management technician to give chief executive notice about
certain events ............................................ 35
54 Notice of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 3--MONITORING, INVESTIGATION AND
ENFORCEMENT
Division 1--Inspectors
55 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
56 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 37
57 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
58 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
59 When inspector ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
60 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
61 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4
Pest Management Bill 2001
Division 2--Powers of inspectors
Subdivision 1--Entry of places
62 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 2--Procedure for entry
63 Consent to entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
64 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
65 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
66 Special warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
67 Warrant--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
68 Stopping motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 3--Powers after entry
69 General powers after entering place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
70 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
71 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 4--Power to seize evidence
72 Seizing evidence at a place that may be entered without consent or
warrant ............................................. 46
73 Seizing evidence at a place that may only be entered with consent
or warrant ............................................. 47
74 Securing seized thing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
75 Tampering with seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
76 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
77 Receipt for seized thing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
78 Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
79 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
80 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
81 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
82 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Subdivision 5--Power to obtain information
83 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
84 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
85 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 52
86 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
5
Pest Management Bill 2001
87 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
88 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 3--General enforcement matters
89 Compliance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
90 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
91 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
92 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
93 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
94 Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
95 Impersonation of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
96 Dealing with certain things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 4--State analysts
97 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
98 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 59
99 When State analyst ceases to hold office. . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
100 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
101 Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
102 Certificates must indicate methodology used . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 4--REVIEWS AND APPEALS
Division 1--Internal review of decisions
103 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . . . . . . . . . 61
104 Application for review to be made to the chief executive . . . . . . . . . . . . . . . 61
105 Applying for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
106 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
107 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 2--Appeals
108 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
109 Starting appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
110 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
111 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
112 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
113 Appeal to Supreme Court only on questions of law . . . . . . . . . . . . . . . . . . . 65
6
Pest Management Bill 2001
PART 5--LEGAL PROCEEDINGS
Division 1--Application
114 Application of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 2--Evidence
115 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
116 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
117 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 3--Proceedings
118 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
119 Recovery of costs of investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
120 Application for order for payment of costs under s 119 . . . . . . . . . . . . . . . . 68
121 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 69
122 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 69
PART 6--MISCELLANEOUS
123 Notifiable incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
124 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
125 Information may be given to foreign regulatory authorities . . . . . . . . . . . . . 71
126 Confidentiality of information about person's health . . . . . . . . . . . . . . . . . . 72
127 Certain information may be disclosed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
128 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
129 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
130 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
PART 7--SAVING AND TRANSITIONAL PROVISIONS
Division 1--Interpretation
131 Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 2--Saving and transitional provisions
132 References to repealed provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
133 Existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
134 First renewal applications for certain licences . . . . . . . . . . . . . . . . . . . . . . . 76
135 No second renewals of certain licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
136 Certain licences not to include timber pests after determining day . . . . . . . 77
137 Chief executive to give notice to pest management technicians . . . . . . . . . . 77
7
Pest Management Bill 2001
138 Pending applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
139 Action to cancel or suspend an existing licence . . . . . . . . . . . . . . . . . . . . . . 78
140 Suspended licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
141 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
142 Things seized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
143 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
144 Governor in Council's power not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . 80
PART 8--AMENDMENT OF ACT AND REGULATION
145 Amendments--sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 81
DECISIONS FOR WHICH INFORMATION NOTICES MUST
BE GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 82
AMENDMENT OF ACTS AND REGULATION
DENTAL PRACTITIONERS REGISTRATION ACT 2001. . . . . . . . . . . . 82
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
HEALTH REGULATION 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 83
DICTIONARY
2001
A BILL
FOR
An Act to provide for the regulation of pest control and fumigation
activities, and for other purposes
s1 10 s4
Pest Management Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Pest Management Act 2001. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Act binds all persons 8
(1) This Act binds all persons, including the State. 9
(2) Nothing in this Act makes the State liable to be prosecuted for an 10
offence. 11
4 Main object of Act 12
(1) The main object of this Act is to protect the public from-- 13
(a) health risks associated with pest control activities and fumigation 14
activities; and 15
(b) the adverse results of the ineffective control of pests. 16
(2) The object is to be achieved by-- 17
(a) establishing a licensing regime to-- 18
(i) regulate pest control activities and fumigation activities; and 19
(ii) ensure the activities are carried out by pest management 20
technicians in a safe and competent way; and 21
(b) providing for compliance with this Act to be monitored and 22
enforced. 23
s5 11 s6
Pest Management Bill 2001
5 Definitions 1
The dictionary in schedule 3 defines particular words used in this Act. 2
Division 2--Application 3
6 Definitions for div 2 4
In this division-- 5
"aerial distribution" means spraying, spreading or dispersing, whether 6
intentionally or not, from an aircraft in flight. 7
"agricultural chemical product" has the meaning given by the Agvet 8
Code of Queensland, section 4.1 9
"household pesticide" means a household pesticide under section 7(i). 10
"primary production" means the production, storage, or preparation for 11
marketing or export, of agricultural or horticultural products. 12
13
1 Agvet Code of Queensland, section 4--
4 Definition of agricultural chemical product
(1) This section defines what is meant by an agricultural chemical product for the
purposes of this Code.
(2) Subject to subsections (3) and (4), an agricultural chemical product is a
substance or mixture of substances that is represented, imported, manufactured,
supplied or used as a means of directly or indirectly--
(a) destroying, stupefying, repelling, inhibiting the feeding of, or preventing
infestation by or attacks of, any pest in relation to a plant, a place or a
thing; or
(b) destroying a plant; or
(c) modifying the physiology of a plant or pest so as to alter its natural
development, productivity, quality or reproductive capacity; or
(d) modifying an effect of another agricultural chemical product; or
(e) attracting a pest for the purpose of destroying it.
(3) An agricultural chemical product includes a substance or mixture of
substances declared by the regulations to be an agricultural chemical product.
(4) An agricultural chemical product does not include:
(a) a veterinary chemical product; or
(b) a substance or mixture of substances declared by the regulations not to be
an agricultural chemical product.
s7 12 s7
Pest Management Bill 2001
7 Non-application of Act 1
This Act does not apply to the following pest management activities-- 2
(a) a pest control activity carried out by aerial distribution of an 3
agricultural chemical product or of a preparation containing an 4
agricultural chemical product;2 5
(b) a pest control activity being used in primary production, 6
regardless of whether the activity is carried out by the producer 7
or another entity; 8
9
Examples for paragraph (b)--
10
1. Spraying pesticide on an agricultural crop by using a motor vehicle
11
with attached spray booms.
12
2. Laying baits to protect stockfeed from attack by rats.
13
3. Dipping fruit in a pesticide to protect the fruit from damage by insects.
(c) a fumigation activity carried out on a farming property in 14
primary production; 15
16
Examples for paragraph (c)--
17
1. Sterilising soil on a farming property by using a fumigant to prepare
18
the soil for planting an agricultural crop.
19
2. Fumigating a grain storage facility on a farming property.
(d) a pest control activity being used in relation to processing grain 20
or seed for use as food for animals; 21
(e) a pest control activity relating to the caring for, or growing of, a 22
plant at a place that is primarily used for recreational or sporting 23
activities; 24
25
Example for paragraph (e)--
26
Spraying a bowling green to protect it from damage by insects.
(f) the use of an approved preservative treatment under the Timber 27
Utilisation and Marketing Act 1987 by a person authorised under 28
that Act to use the treatment; 29
(g) a pest control activity being used to control a pest on an animal; 30
2 The Agricultural Chemicals Distribution Control Act 1966 contains provisions
about the aerial distribution of agricultural products or preparations containing
agricultural products.
s8 13 s8
Pest Management Bill 2001
1
Example for paragraph (g)--
2
Using a pesticide to control fleas or ticks on a dog.
(h) a pest control activity carried out by a person at residential 3
premises-- 4
(i) occupied by the person, whether or not the person is the 5
owner of the premises; or 6
(ii) owned by the person but not occupied by any person; 7
(i) a pest control activity carried out by a person using only a 8
pesticide (a "household pesticide")-- 9
(i) ordinarily used for household use; and 10
(ii) ordinarily available for purchase in a retail store where 11
groceries are sold; and 12
(iii) packaged in a way the pesticide is ordinarily available for 13
purchase in a store mentioned in subparagraph (ii). 14
15
Example of a pesticide for paragraph (i)--
16
A spray pack of pesticide available for purchase at a supermarket.
8 Whether pest control activity is used in primary production 17
(1) Without limiting section 7(b), a pest control activity is being used in 18
primary production if the activity is being used in relation to an 19
unprocessed product-- 20
(a) while the product is in the form in which it left the place where it 21
was produced; and 22
(b) until the product is transported to a place where-- 23
(i) it is processed from the form in which it left the place where 24
it was produced into another form; or 25
(ii) it is stored by a processor before being processed into 26
another form. 27
28
Examples for paragraph (b)--
29
1. Wheat until it is transported to a flour mill.
30
2. Sugar cane until it is transported to a sugar mill.
31
3. Cattle until they are transported to an abattoir.
s9 14 s 10
Pest Management Bill 2001
(2) In this section-- 1
"processor" means a person who processes an agricultural or horticultural 2
product from the form in which it left the place where it was produced 3
into another form. 4
"unprocessed product" means an agricultural or horticultural product that 5
is to be processed from the form in which it left the place where it was 6
produced into another form. 7
9 Pest control activities using household pesticides 8
Despite section 7(i), this Act applies to a pest control activity carried out 9
by a person using a household pesticide as part of a business of providing a 10
pest control activity. 11
Division 3--Exemptions 12
10 Limited exemptions under regulation 13
(1) A regulation may exempt from this Act or any of its provisions all or 14
any of the following-- 15
(a) a particular pest management activity or a type of pest 16
management activity; 17
(b) the use of a particular fumigant or pesticide; 18
(c) the use of a particular form or concentration of a fumigant or 19
pesticide; 20
(d) a particular method of use of a fumigant or pesticide. 21
(2) An exemption may be given under a regulation only if the activity, 22
use or method could be reasonably expected to pose no, or only a 23
negligible, health risk to any person. 24
s 11 15 s 14
Pest Management Bill 2001
PART 2--LICENCES 1
Division 1--Licences generally 2
11 Licence is required to carry out pest management activity 3
A person must not carry out a pest management activity unless the 4
person is-- 5
(a) a pest management technician who holds a licence for the 6
activity; or 7
(b) a trainee who is being properly supervised by a pest management 8
technician who holds a licence for the activity. 9
Maximum penalty--1000 penalty units. 10
12 Restriction on application for licence 11
Only an individual may apply for a licence. 12
13 Transfer of licence prohibited 13
A licence may not be transferred. 14
Division 2--Suitability to hold licences 15
14 Suitability of person to hold licence 16
(1) In deciding whether a person is a suitable person to hold, or continue 17
to hold, a licence the chief executive may have regard to all of the 18
following-- 19
(a) the person's skills and competency to carry out a pest 20
management activity under the licence; 21
(b) the person's physical and mental capacity to carry out a pest 22
management activity under the licence; 23
(c) if the person has held a licence or pest management authority that 24
was affected-- 25
s 15 16 s 15
Pest Management Bill 2001
(i) by the imposition of a condition--the nature of the 1
condition and the reason for its imposition; or 2
(ii) by a suspension or cancellation--the reason for the 3
suspension or cancellation; or 4
(iii) in another way--the way it was affected and why it was 5
affected; 6
(d) whether disciplinary action relating to a pest management 7
activity has been taken against the person under-- 8
(i) repealed section 101 of the Queensland Building Services 9
Authority Act 1991; or 10
(ii) the Queensland Building Tribunal Act 2000, part 5, 11
division 3;3 12
(e) if the person has a conviction, other than a spent conviction, for a 13
relevant offence, the nature of the offence and the circumstances 14
of its commission; 15
(f) any other issue relevant to the person's ability to competently and 16
safely carry out a pest management activity. 17
(2) In this section-- 18
"repealed section 101 of the Queensland Building Services Authority Act 19
1991" means section 101 of that Act as in force before the section was 20
omitted by the Queensland Building Tribunal Act 2000. 21
15 Requirement to undergo health assessment 22
(1) This section applies if the chief executive, in deciding whether a 23
person is a suitable person to hold, or to continue to hold, a licence, or to 24
hold a licence as proposed to be varied under an application under 25
section 34(1),4 reasonably believes it is necessary to obtain an assessment 26
of the person's physical and mental capacity to carry out a pest 27
management activity under the licence (a "health assessment"). 28
(2) The chief executive may require the person to undergo a health 29
assessment by a doctor. 30
3 Queensland Building Tribunal Act 2000, part 5 (Particular jurisdiction of the
tribunal), division 3 (Disciplinary proceedings)
4 Section 34 (Varying licence--application by pest management technician)
s 16 17 s 17
Pest Management Bill 2001
(3) The chief executive must give the person a notice stating-- 1
(a) the reason for the assessment; and 2
(b) the name, position, if any, and qualifications of the doctor who is 3
to conduct the assessment; and 4
(c) the reasonable place where the assessment is to be conducted; 5
and 6
(d) the reasonable day and time when the assessment is to be 7
conducted. 8
(4) A doctor who conducts a health assessment must give the chief 9
executive a written assessment report (an "assessment report"). 10
(5) The assessment report must include the doctor's findings about the 11
person's mental and physical capacity to carry out a pest management 12
activity under the licence. 13
16 Applicant failing to undergo health assessment 14
(1) This section applies if-- 15
(a) a person who makes an application to the chief executive is 16
required under section 15 to undergo a health assessment; and 17
(b) the person fails, without reasonable excuse, to undergo the 18
assessment. 19
(2) The person's application is taken to have been withdrawn. 20
17 Use of assessment report 21
(1) An assessment report is not admissible in a proceeding, other than a 22
review or appeal started under part 4 (a "part 4 proceeding").5 23
(2) A person can not be compelled to produce the report, or to give 24
evidence about the report or its contents, in a proceeding, other than a 25
part 4 proceeding. 26
(3) Subsections (1) and (2) do not apply if the report is admitted or 27
produced, or evidence about the report or its contents is given, with the 28
consent of the person to whom the report relates. 29
5 Part 4 (Reviews and appeals)
s 18 18 s 20
Pest Management Bill 2001
(4) In this section-- 1
"assessment report" includes a copy of the report, or a part of the report 2
or copy. 3
18 Payment for health assessment and report 4
A doctor who conducts a health assessment and prepares an assessment 5
report for the chief executive is entitled to be paid for his or her work by the 6
chief executive. 7
Division 3--Applications for licences 8
19 Requirements about application for licence 9
An application for a licence must-- 10
(a) be made to the chief executive; and 11
(b) be in the approved form; and 12
(c) be accompanied by the fee prescribed under a regulation. 13
20 Further information or documents to support application for 14
licence 15
(1) The chief executive may, by notice given to the applicant, require the 16
applicant to give the chief executive, within a reasonable period of at least 17
21 days stated in the notice, further information or a document the chief 18
executive reasonably requires to decide the application. 19
(2) The chief executive may, in the notice, require the applicant to verify 20
the further information or document by statutory declaration. 21
(3) The applicant is taken to have withdrawn the application if the 22
applicant does not comply with a requirement under subsection (1) or (2) 23
within the stated period. 24
s 21 19 s 22
Pest Management Bill 2001
Division 4--Decisions about applications for licences 1
21 Decision about application for licence 2
(1) The chief executive must consider the application and either grant, or 3
refuse to grant, the application. 4
(2) The chief executive may grant the application only if the chief 5
executive is satisfied the applicant-- 6
(a) is at least 17 years; and 7
(b) is a suitable person to hold the licence applied for;6 and 8
(c) holds a pest management qualification relevant to a pest 9
management activity the applicant intends to carry out under the 10
licence. 11
(3) If the chief executive decides to grant the application, the chief 12
executive must, as soon as practicable, issue the licence applied for to the 13
applicant. 14
(4) If the chief executive decides to refuse to grant the application, the 15
chief executive must, as soon as practicable, give the applicant an 16
information notice about the decision. 17
22 Failure to decide application 18
(1) Subject to subsections (2) and (3), if the chief executive fails to 19
decide the application within 60 days after its receipt, the failure is taken to 20
be a decision by the chief executive to refuse to grant the application. 21
(2) Subsection (3) applies if the chief executive has-- 22
(a) under section 20(1), required the applicant to give the chief 23
executive further information or a document; or 24
(b) under section 15, required the applicant to undergo a health 25
assessment. 26
(3) The chief executive is taken to have refused to grant the application 27
if the chief executive does not decide the application before the expiry of 28
60 days after the chief executive receives the further information or 29
6 See section 14 (Suitability of person to hold licence)
s 23 20 s 23
Pest Management Bill 2001
document, verified, if required, by statutory declaration, or an assessment 1
report. 2
(4) This section is subject to section 23. 3
23 Further consideration of application for licence 4
(1) This section applies if the chief executive considers more time is 5
needed to make a decision about the application because of the complexity 6
of the matters that need to be considered in deciding the application. 7
8
Example of an application likely to raise complex matters--
9
An application requiring the chief executive to obtain and consider further information
10
about the applicant from a foreign regulatory authority.
(2) The chief executive may at any time before the final consideration 11
day give notice to the applicant that-- 12
(a) because of the complexity of the matters that need to be 13
considered in deciding the application, the chief executive needs 14
more time to decide the application; and 15
(b) the period within which the chief executive must decide the 16
application is extended to a day (the "extended day") that is 17
60 days after the final consideration day. 18
(3) Also, the applicant and chief executive may, at any time before the 19
final consideration day, agree in writing on a day (the "agreed extended 20
day") by which the application is to be decided. 21
(4) The chief executive is taken to have refused to grant the application 22
if the chief executive does not decide the application by the latest of the 23
following days-- 24
(a) if the chief executive has given a notice to the applicant under 25
subsection (2)--the extended day; 26
(b) if there is an agreement between the applicant and chief 27
executive under subsection (3)--the agreed extended day; 28
(c) if both subsections (2) and (3) apply--the later of the extended 29
day and the agreed extended day. 30
(5) In this section-- 31
"final consideration day" means the latest of the following days-- 32
(a) the day that is 60 days after receipt of the application; 33
s 24 21 s 25
Pest Management Bill 2001
(b) if the chief executive has, under section 20, required the 1
applicant to give the chief executive further information or a 2
document--the day that is 60 days after the chief executive 3
receives the further information or document verified, if 4
required, by statutory declaration; 5
(c) if the chief executive has, under section 15, required the 6
applicant to undergo a health assessment--the day that is 60 days 7
after the chief executive receives an assessment report. 8
Division 5--Issue of licences 9
24 Form of licence 10
(1) A licence must be in the approved form. 11
(2) The licence must-- 12
(a) contain a recent photograph of the pest management 13
technician; and 14
(b) state the following particulars-- 15
(i) the pest management technician's name; 16
(ii) the licence number; 17
(iii) the date of issue of the licence; 18
(iv) the date the licence expires; 19
(v) each pest management activity that may be carried out 20
under the licence; 21
(vi) if a fumigation activity may be carried out under the licence 22
only in a certain site environment, the site environment; 23
(vii) each condition imposed under section 26(2). 24
25 Term of licence 25
The chief executive may issue a licence for a period up to 5 years. 26
s 26 22 s 27
Pest Management Bill 2001
Division 6--Conditions of licences 1
26 Conditions of licence 2
(1) A licence is subject to the following conditions-- 3
(a) the pest management technician may carry out only a pest 4
management activity stated in the technician's licence; 5
(b) if a fumigation activity may be carried out under the licence only 6
in a certain site environment, the pest management technician 7
may carry out the activity only in the environment; 8
(c) the pest management technician must not use a fumigant or 9
pesticide that is a registered chemical product in contravention of 10
the Chemical Usage (Agricultural and Veterinary) Control Act 11
1988, section 8 or 8A.7 12
(2) The chief executive may issue a licence on additional conditions the 13
chief executive reasonably considers necessary or desirable to protect 14
persons from health risks associated with a pest management activity. 15
(3) If the chief executive decides to issue a licence on additional 16
conditions, the chief executive must, as soon as practicable, give the 17
applicant for the licence an information notice about the decision. 18
(4) In this section-- 19
"registered chemical product" has the meaning given by the Agvet Code 20
of Queensland, section 3.8 21
27 Contravention of condition 22
(1) A pest management technician must not contravene a condition of 23
the technician's licence. 24
Maximum penalty--200 penalty units. 25
7 Chemical Usage (Agricultural and Veterinary) Control Act 1988, section 8 (Use of
unregistered chemical products) or 8A (Use of registered chemical products in
contravention of labels)
8 Agvet Code of Queensland, section 3--
"registered chemical product" means a chemical product registered under Part 2
of the Agvet Code of this jurisdiction.
s 28 23 s 30
Pest Management Bill 2001
(2) The penalty under subsection (1) may be imposed whether or not the 1
licence is cancelled or suspended because of the contravention. 2
Division 7--Renewals of licences 3
28 Notice of imminent expiry of licence 4
The chief executive must give a pest management technician notice of 5
the imminent expiry of the technician's licence at least 60 days before the 6
expiry. 7
29 Requirements about application for renewal of licence 8
(1) A pest management technician may apply to the chief executive for 9
renewal of the technician's licence within 60 days before the licence 10
expires. 11
(2) However, if the technician receives a notice under section 28 more 12
than 60 days before the licence expires, the technician may apply to the 13
chief executive for renewal at any time after the technician receives the 14
notice and before the licence expires. 15
(3) The application must be-- 16
(a) in the approved form; and 17
(b) accompanied by the fee prescribed under a regulation. 18
30 Further information or documents to support application for 19
renewal 20
(1) The chief executive may, by notice given to a pest management 21
technician, require the technician to give the chief executive, within a 22
reasonable period of at least 21 days stated in the notice, further 23
information or a document the chief executive reasonably requires to 24
decide the application. 25
(2) The chief executive may, in the notice, require the technician to 26
verify the further information by statutory declaration. 27
(3) The technician is taken to have withdrawn the application if the 28
technician does not comply with a requirement under subsection (1) or (2) 29
within the stated period. 30
s 31 24 s 32
Pest Management Bill 2001
(4) A notice under subsection (1) must be given to the technician within 1
60 days after the chief executive receives the application. 2
31 Decision about application for renewal 3
(1) The chief executive must consider the application and either grant, or 4
refuse to grant, the application. 5
(2) The chief executive may grant the application only if the chief 6
executive is satisfied the pest management technician is a suitable person 7
to continue to hold a licence.9 8
(3) If the chief executive decides to grant the application, the chief 9
executive must, as soon as practicable, issue a new licence to the 10
technician. 11
(4) If the chief executive decides to refuse to grant the application, the 12
chief executive must, as soon as practicable, give the technician an 13
information notice about the decision. 14
(5) If the chief executive decides to grant the application before the 15
expiring licence expires, the new licence must take effect from the expiry 16
of the expiring licence. 17
32 Expiring licence continues in force 18
(1) If a pest management technician applies for a renewal under 19
section 29, the technician's licence continues in force from the day it 20
would, apart from this section, have expired until-- 21
(a) if the application is granted--a new licence is issued to the 22
technician; or 23
(b) if the application is withdrawn--the day the application is 24
withdrawn; or 25
(c) if the application is refused--the day the information notice 26
about the decision is given to the technician. 27
(2) Subsection (1) does not apply if the licence is earlier suspended or 28
cancelled. 29
9 See section 14 (Suitability of person to hold licence)
s 33 25 s 33
Pest Management Bill 2001
Division 8--Variation of licences 1
Subdivision 1--Variation on chief executive's initiative 2
33 Varying licence--chief executive's initiative 3
(1) The chief executive may vary a licence if the chief executive 4
reasonably believes it is necessary or desirable to do so to protect persons 5
from health risks associated with a pest management activity that may be 6
carried out under the licence. 7
(2) A variation must relate only to-- 8
(a) a pest management activity that may be carried out under the 9
licence; or 10
(b) a condition of the licence. 11
(3) Before varying the licence, the chief executive must-- 12
(a) give the pest management technician a notice (a "notice of 13
intention") stating-- 14
(i) particulars of the proposed variation; and 15
(ii) the grounds for the proposed variation; and 16
(iii) an outline of the facts and circumstances forming the basis 17
for the grounds; and 18
(iv) that the technician may make a written submission to the 19
chief executive about the proposed variation before a stated 20
day; and 21
(b) have regard to any written submissions made to the chief 22
executive by the technician before the stated day. 23
(4) The stated day must not be earlier than 21 days after the notice is 24
given to the technician. 25
(5) If, after giving the technician the notice of intention and taking into 26
account any written submissions made by the technician, the chief 27
executive decides to vary the technician's licence, the chief executive 28
must, as soon as practicable, give the technician an information notice 29
about the decision. 30
s 34 26 s 36
Pest Management Bill 2001
(6) The variation takes effect on the day the information notice is given 1
and does not depend on the issue of a new licence mentioned in 2
section 39(2). 3
Subdivision 2--Applications for variation 4
34 Varying licence--application by pest management technician 5
(1) A pest management technician may apply to the chief executive to 6
vary the technician's licence in relation to-- 7
(a) a pest management activity that may be carried out under the 8
licence; or 9
(b) a condition of the licence. 10
(2) The application must-- 11
(a) be in the approved form; and 12
(b) be accompanied by the fee prescribed under a regulation. 13
35 Further information or documents to support application for 14
variation 15
(1) The chief executive may, by notice given to the applicant, require the 16
applicant to give the chief executive, within a reasonable period of at least 17
21 days stated in the notice, further information or a document the chief 18
executive reasonably requires to decide the application. 19
(2) The chief executive may, in the notice, require the applicant to verify 20
the further information or document by statutory declaration. 21
(3) The applicant is taken to have withdrawn the application if the 22
applicant does not comply with a requirement under subsection (1) or (2) 23
within the stated period. 24
36 Decision about application for variation of licence 25
(1) The chief executive must consider the application and either grant, or 26
refuse to grant, the application. 27
(2) The chief executive may grant the application only if the chief 28
executive is satisfied the applicant-- 29
s 37 27 s 38
Pest Management Bill 2001
(a) is a suitable person to hold the licence as proposed to be varied;10 1
and 2
(b) if relevant, holds a pest management qualification relevant to the 3
pest management activity the applicant intends to carry out under 4
the licence as proposed to be varied. 5
(3) If the chief executive decides to grant the application, the chief 6
executive must, as soon as practicable, give the applicant a notice (a 7
"variation notice") stating the decision. 8
(4) If the chief executive decides to refuse to grant the application, the 9
chief executive must, as soon as practicable, give the applicant an 10
information notice about the decision. 11
(5) A variation to the licence takes effect on the day the variation notice 12
is given to the applicant. 13
37 Failure to decide application for variation of licence 14
(1) Subject to subsections (2) and (3), if the chief executive fails to 15
decide the application within 60 days after its receipt, the failure is taken to 16
be a decision by the chief executive to refuse to grant the application. 17
(2) Subsection (3) applies if the chief executive has-- 18
(a) under section 35(1), required the applicant to give the chief 19
executive further information or a document; or 20
(b) under section 15, required the applicant to undergo a health 21
assessment. 22
(3) The chief executive is taken to have refused to grant the application 23
if the chief executive does not decide the application before the expiry of 24
60 days after the chief executive receives the further information or 25
document, verified, if required, by statutory declaration, or an assessment 26
report. 27
(4) This section is subject to section 38. 28
38 Further consideration of application for variation 29
(1) This section applies if the chief executive considers the chief 30
executive needs more time to make a decision about the application 31
10 See section 14 (Suitability of person to hold licence)
s 38 28 s 38
Pest Management Bill 2001
because of the complexity of the matters that need to be considered in 1
deciding the application. 2
3
Example of an application likely to raise complex matters--
4
An application requiring the chief executive to obtain and consider further information
5
about the applicant from a foreign regulatory authority.
(2) The chief executive may at any time before the final consideration 6
day give notice to the applicant that-- 7
(a) because of the complexity of the matters that need to be 8
considered in deciding the application, the chief executive needs 9
more time to decide the application; and 10
(b) the period within which the chief executive must decide the 11
application is extended to a day (the "extended day") that is 12
60 days after the final consideration day. 13
(3) Also, the applicant and chief executive may at any time before the 14
final consideration day agree in writing on a day (the "agreed extended 15
day") by which the application is to be decided. 16
(4) The chief executive is taken to have refused to grant the application 17
if the chief executive does not decide the application by the latest of the 18
following days-- 19
(a) if the chief executive has given a notice to the applicant under 20
subsection (2)--the extended day; 21
(b) if there is an agreement between the applicant and chief 22
executive under subsection (3)--the agreed extended day; 23
(c) if both subsections (2) and (3) apply--the later of the extended 24
day and the agreed extended day. 25
(5) In this section-- 26
"final consideration day" means the latest of the following days-- 27
(a) the day that is 60 days after receipt of the application; 28
(b) if the chief executive has, under section 35, required the 29
applicant to give the chief executive further information or a 30
document--the day that is 60 days after the chief executive 31
receives the further information or document, verified, if 32
required, by statutory declaration; 33
s 39 29 s 40
Pest Management Bill 2001
(c) if the chief executive has, under section 15,11 required the 1
applicant to undergo a health assessment--the day that is 60 days 2
after the chief executive receives an assessment report. 3
Subdivision 3--Recording variations 4
39 Varied licence to be produced and new licence issued 5
(1) If the chief executive decides to vary a licence under this division, 6
the pest management technician must return the licence to the chief 7
executive within 7 days after receiving an information notice under 8
section 33(5) or a variation notice under section 36(3), unless the 9
technician has a reasonable excuse. 10
Maximum penalty--10 penalty units. 11
(2) When the chief executive receives the licence, the chief executive 12
must, as soon as practicable, issue a new licence to the technician. 13
(3) Failure to issue a new licence recording the variation, does not affect 14
the validity of the variation. 15
Division 9--Replacement of licences 16
40 Application for replacement of licence 17
(1) A pest management technician may apply for replacement of the 18
technician's licence if the licence has been damaged, destroyed, lost or 19
stolen. 20
(2) The application must-- 21
(a) be made to the chief executive; and 22
(b) include information about the circumstances in which the licence 23
was damaged, destroyed, lost or stolen; and 24
(c) be accompanied by the fee prescribed under a regulation. 25
11 Section 15 (Requirement to undergo health assessment)
s 41 30 s 43
Pest Management Bill 2001
41 Decision about application for replacement of licence 1
(1) The chief executive must consider the application and either grant, or 2
refuse to grant, the application. 3
(2) The chief executive must grant the application if the chief executive 4
is satisfied the licence has been destroyed, lost or stolen, or damaged in a 5
way to require its replacement. 6
(3) If the chief executive decides to grant the application, the chief 7
executive must, as soon as practicable, issue another licence to the 8
applicant to replace the damaged, destroyed, lost or stolen licence. 9
(4) If the chief executive decides to refuse to grant the application, chief 10
executive must, as soon as practicable, give the applicant an information 11
notice about the decision. 12
Division 10--Surrender of licences 13
42 Surrender of licence 14
(1) A pest management technician may surrender the technician's 15
licence by notice given to the chief executive. 16
(2) The surrender takes effect-- 17
(a) on the day the notice is given to the chief executive; or 18
(b) if a later day of effect is stated in the notice--on the later day. 19
(3) The technician who surrenders the licence must return the licence to 20
the chief executive within 7 days after the day the surrender takes effect, 21
unless the technician has a reasonable excuse. 22
Maximum penalty --10 penalty units. 23
Division 11--Suspension and cancellation of licences 24
43 Grounds for suspension or cancellation 25
Each of the following is a ground for suspending or cancelling a 26
licence-- 27
s 44 31 s 44
Pest Management Bill 2001
(a) the pest management technician is not, or is no longer, a suitable 1
person to hold, or continue to hold, the licence;12 2
(b) the pest management technician has failed, without reasonable 3
excuse, to undergo a health assessment the chief executive has 4
required the technician to undergo under section 15(2); 5
(c) the pest management technician has contravened a provision of 6
this Act; 7
(d) the pest management technician has contravened a condition of 8
the licence; 9
(e) the pest management technician has carried out a pest 10
management activity in a fraudulent or improper way; 11
12
Example of fraudulent way--
13
Purporting to carry out a pest management activity and, for that purpose,
14
using water or another substance instead of an appropriate pesticide.
(f) the licence was issued because of a materially false or misleading 15
representation or declaration. 16
44 Show cause notice 17
(1) This section applies if the chief executive believes a ground exists to 18
suspend or cancel a licence, and-- 19
(a) the pest management technician has not been given, and it is not 20
intended to give the technician, a compliance notice about a 21
matter to which the ground relates; or 22
(b) the pest management technician has been given a compliance 23
notice about a matter to which the ground relates and the 24
technician has failed, without a reasonable excuse, to comply 25
with the notice. 26
(2) The chief executive must give the pest management technician a 27
notice under this section (a "show cause notice"). 28
(3) The show cause notice must state each of the following-- 29
(a) the action (the "proposed action") the chief executive proposes 30
taking under this division; 31
(b) the grounds for the proposed action; 32
12 See section 14 (Suitability of person to hold licence)
s 45 32 s 47
Pest Management Bill 2001
(c) an outline of the facts and circumstances forming the basis for 1
the grounds; 2
(d) if the proposed action is suspension of the licence--the proposed 3
suspension period; 4
(e) an invitation to the technician to show within a stated period (the 5
"show cause period") why the proposed action should not be 6
taken. 7
(4) The show cause period must be a period ending at least 21 days after 8
the show cause notice is given to the technician. 9
45 Representations about show cause notice 10
(1) The pest management technician may make written representations 11
about the show cause notice to the chief executive in the show cause 12
period. 13
(2) The chief executive must consider all written representations (the 14
"accepted representations") made under subsection (1). 15
46 Ending show cause process without further action 16
(1) This section applies if, after considering the accepted representations 17
for the show cause notice, the chief executive no longer believes a ground 18
exists to suspend or cancel the licence. 19
(2) The chief executive must not take any further action about the show 20
cause notice. 21
(3) The chief executive must, as soon as practicable, give the pest 22
management technician notice that no further action will be taken about the 23
show cause notice. 24
47 Suspension or cancellation 25
(1) This section applies if, after considering the accepted representations 26
for the show cause notice, the chief executive-- 27
(a) still believes a ground exists to suspend or cancel the licence; and 28
(b) believes suspension or cancellation of the licence is warranted. 29
(2) This section also applies if there are no accepted representations for 30
the show cause notice. 31
s 48 33 s 49
Pest Management Bill 2001
(3) The chief executive may-- 1
(a) if the proposed action stated in the show cause notice was to 2
suspend the licence for a stated period--suspend the licence for 3
not longer than the stated period; or 4
(b) if the proposed action stated in the show cause notice was to 5
cancel the licence--either cancel the licence or suspend it for a 6
period. 7
(4) The chief executive must, as soon as practicable, give the pest 8
management technician an information notice about the decision. 9
(5) The decision takes effect on the later of the following days-- 10
(a) the day the information notice is given to the pest management 11
technician; or 12
(b) the day stated in the information notice for that purpose. 13
48 Return of cancelled or suspended licence to chief executive 14
(1) This section applies if the chief executive has cancelled or suspended 15
a licence and given the pest management technician an information notice 16
about the decision. 17
(2) The technician must return the licence to the chief executive within 18
7 days after receiving the information notice, unless the technician has a 19
reasonable excuse. 20
Maximum penalty--10 penalty units. 21
49 Immediate suspension of licence 22
(1) The chief executive may suspend a licence immediately if the chief 23
executive believes-- 24
(a) a ground exists to cancel the licence; and 25
(b) it is necessary, in the interests of the health or safety of any 26
person, to immediately suspend the licence until the formal 27
cancellation procedure is completed. 28
s 50 34 s 50
Pest Management Bill 2001
(2) The suspension-- 1
(a) must be effected by an information notice given to the pest 2
management technician about the decision to suspend the 3
technician's licence together with a show cause notice;13 and 4
(b) operates immediately the notices are given; and 5
(c) continues to operate until the earliest of the following happens-- 6
(i) the chief executive cancels the remaining period of the 7
suspension; 8
(ii) the show cause notice is finally dealt with; 9
(iii) 60 days have passed since the notices were given to the 10
technician. 11
(3) Subsection (4) applies if-- 12
(a) a suspension under this section stops because-- 13
(i) the chief executive cancels the remaining period of the 14
suspension; or 15
(ii) the show cause notice is finally dealt with by a decision 16
being made not to cancel the licence; or 17
(iii) 60 days have passed since the notices mentioned in 18
subsection (2)(a) were given to the technician; and 19
(b) the pest management technician has returned the licence to the 20
chief executive under section 48. 21
(4) The chief executive must, as soon as practicable, give the licence to 22
the technician. 23
Division 12--Offences 24
50 Holding out while unlicensed 25
(1) A person who is not licensed to carry out a pest management activity 26
must not advertise or hold out that the person carries out the activity. 27
Maximum penalty--1 000 penalty units. 28
13 See section 44 (Show cause notice).
s 51 35 s 53
Pest Management Bill 2001
(2) Subsection (3) applies to a person who is not licensed to carry out a 1
pest management activity, but carries on a business that provides the pest 2
management activity and the activity is carried out by a pest management 3
technician who is licensed to carry out the activity. 4
(3) Despite subsection (1), the person does not commit an offence under 5
that subsection merely because the person advertises or holds out that the 6
person carries on a business of providing the activity. 7
51 When pest management technician etc. must not permit or 8
require another person to carry out a pest management activity 9
(1) This section applies to a pest management technician, or another 10
person carrying on a business of providing a pest management activity, (the 11
"relevant person"). 12
(2) The relevant person must not permit or require another person to 13
carry out a pest management activity unless the other person is-- 14
(a) a pest management technician who is authorised to carry out the 15
activity under the technician's licence; or 16
(b) a trainee who is properly supervised in carrying out the activity. 17
Maximum penalty--1 000 penalty units. 18
52 Failure to supervise trainee 19
(1) This section applies if a pest management technician, or another 20
person carrying on a business of providing a pest management activity, (the 21
"employer") employs or otherwise engages a trainee to carry out a pest 22
management activity. 23
(2) The employer must ensure the trainee is properly supervised while 24
the trainee is carrying out the activity. 25
Maximum penalty--200 penalty units. 26
Division 13--Notices to be given to chief executive 27
53 Pest management technician to give chief executive notice about 28
certain events 29
(1) This section applies if -- 30
s 54 36 s 55
Pest Management Bill 2001
(a) a pest management technician is convicted of a relevant 1
offence; or 2
(b) a pest management authority held by a pest management 3
technician is suspended or cancelled. 4
(2) The technician must give the chief executive a notice under 5
subsections (3) and (4) about the conviction, cancellation or suspension 6
within 21 days after the technician becomes aware of it. 7
Maximum penalty--50 penalty units. 8
(3) The notice must be in the approved form. 9
(4) Information in the notice must, if the approved form requires, be 10
verified by a statutory declaration. 11
54 Notice of change in circumstances 12
A pest management technician must, within 21 days after the happening 13
of a change in the technician's circumstances prescribed under a regulation, 14
advise the chief executive of the change. 15
Maximum penalty--10 penalty units. 16
PART 3--MONITORING, INVESTIGATION AND 17
ENFORCEMENT 18
Division 1--Inspectors 19
55 Appointment and qualifications 20
(1) The chief executive may appoint any of the following persons as an 21
inspector-- 22
(a) an officer of the department; 23
(b) a health service employee. 24
(2) However, the chief executive may appoint a person as an inspector 25
only if the chief executive is satisfied the person is qualified for 26
appointment because the person has the necessary expertise or experience. 27
s 56 37 s 58
Pest Management Bill 2001
56 Appointment conditions and limit on powers 1
(1) An inspector holds office on any conditions stated in-- 2
(a) the inspector's instrument of appointment; or 3
(b) a signed notice given to the inspector; or 4
(c) a regulation. 5
(2) The instrument of appointment, a signed notice given to the inspector 6
or a regulation may limit the inspector's powers under this Act. 7
(3) In this section-- 8
"signed notice" means a notice signed by the chief executive. 9
57 Issue of identity card 10
(1) The chief executive must issue an identity card to each inspector. 11
(2) The identity card must-- 12
(a) contain a recent photo of the inspector; and 13
(b) contain a copy of the inspector's signature; and 14
(c) identify the person as an inspector under this Act; and 15
(d) state an expiry date for the card. 16
(3) This section does not prevent the issue of a single identity card to a 17
person for this Act and other purposes. 18
58 Production or display of identity card 19
(1) In exercising a power under this Act in relation to a person, an 20
inspector must-- 21
(a) produce the inspector's identity card for the person's inspection 22
before exercising the power; or 23
(b) have the identity card displayed so it is clearly visible to the 24
person when exercising the power. 25
(2) However, if it is not practicable to comply with subsection (1), the 26
inspector must produce the identity card for the person's inspection at the 27
first reasonable opportunity. 28
s 59 38 s 61
Pest Management Bill 2001
(3) For subsection (1), an inspector does not exercise a power in relation 1
to a person only because the inspector has entered a place as mentioned in 2
section 62(1)(b) or (2). 3
59 When inspector ceases to hold office 4
(1) An inspector ceases to hold office if any of the following happens-- 5
(a) the term of office stated in a condition of office ends; 6
(b) under another condition of office, the inspector ceases to hold 7
office; 8
(c) the inspector's resignation under section 60 takes effect. 9
(2) Subsection (1) does not limit the ways an inspector may cease to hold 10
office. 11
(3) In this section-- 12
"condition of office" means a condition on which the inspector holds 13
office. 14
60 Resignation 15
(1) An inspector may resign by signed notice given to the chief 16
executive. 17
(2) However, if holding office as an inspector is a condition of the 18
inspector holding another office, the inspector may not resign as an 19
inspector without resigning from the other office. 20
61 Return of identity card 21
A person who ceases to be an inspector must return the person's identity 22
card to the chief executive within 21 days after ceasing to be an inspector, 23
unless the person has a reasonable excuse. 24
Maximum penalty--10 penalty units. 25
s 62 39 s 62
Pest Management Bill 2001
Division 2--Powers of inspectors 1
Subdivision 1--Entry of places 2
62 Power to enter places 3
(1) An inspector may enter a place if-- 4
(a) its occupier consents to the entry; or 5
(b) it is a public place and the entry is made when the place is open 6
to the public; or 7
(c) the entry is authorised by a warrant; or 8
(d) it is a place where a pest management technician carries on 9
business under the technician's licence and the place is open for 10
carrying on the business or otherwise open for entry; or 11
(e) it is a place where a person carries on a business of providing 12
pest management activities by employing pest management 13
technicians to conduct the activities and the place is open for 14
carrying on business or otherwise open for entry; or 15
(f) it is a building site; or 16
(g) the inspector reasonably believes a pest management activity is 17
being carried on by a pest management technician at the place 18
and the place is open for carrying on business or otherwise open 19
for entry. 20
(2) For the purpose of asking the occupier of a place for consent to enter, 21
an inspector may, without the occupier's consent or a warrant-- 22
(a) enter land around premises at the place to an extent that is 23
reasonable to contact the occupier; or 24
(b) enter part of the place the inspector reasonably considers 25
members of the public ordinarily are allowed to enter when they 26
wish to contact the occupier. 27
(3) Subsection (4) applies if an individual carries on business at a place 28
and also resides at the place. 29
(4) Subsection (1)(d), (e) or (g) does not authorise an inspector to enter a 30
part of the place in which the individual resides. 31
s 63 40 s 63
Pest Management Bill 2001
(5) In this section-- 1
"building" includes a structure of any type and part of a building or 2
structure. 3
"building site" means a place, other than a place where an individual 4
resides, where building work is being, or is about to be, carried out 5
and at which a sign must, under the Queensland Building Services 6
Authority Act 1991, section 52,14 be exhibited. 7
"building work" means-- 8
(a) an activity (a "building activity") of-- 9
(i) building, repairing, altering, underpinning (whether by 10
vertical or lateral support), moving or demolishing a 11
building; or 12
(ii) providing airconditioning, drainage, heating, lighting, 13
sewerage, ventilation or water supply for a building; or 14
(b) excavating or filling-- 15
(i) for, or incidental to, a building activity; or 16
(ii) that may adversely affect the stability of a building, whether 17
on the land on which the building is situated or on adjoining 18
land; or 19
(c) supporting (whether vertically or laterally) land for a building 20
activity. 21
Subdivision 2--Procedure for entry 22
63 Consent to entry 23
(1) This section applies if an inspector intends to ask an occupier of a 24
place to consent to the inspector or another inspector entering the place 25
under section 62(1)(a). 26
(2) Before asking for the consent, the inspector must tell the occupier-- 27
(a) the purpose of the entry; and 28
(b) that the occupier is not required to consent. 29
14 Queensland Building Services Authority Act 1991, section 52 (Signs to be exhibited)
s 64 41 s 64
Pest Management Bill 2001
(3) If the consent is given, the inspector may ask the occupier to sign an 1
acknowledgment of the consent. 2
(4) The acknowledgment must state-- 3
(a) the occupier has been told-- 4
(i) the purpose of the entry; and 5
(ii) that the occupier is not required to consent; and 6
(b) the purpose of the entry; and 7
(c) the occupier gives the inspector consent to enter the place and 8
exercise powers under this division; and 9
(d) the time and date the consent was given. 10
(5) If the occupier signs an acknowledgment, the inspector must 11
immediately give a copy to the occupier. 12
(6) If-- 13
(a) an issue arises in a proceeding about whether the occupier 14
consented to the entry; and 15
(b) an acknowledgment complying with subsection (4) for the entry 16
is not produced in evidence; 17
the onus of proof is on the person relying on the lawfulness of the entry to 18
prove the occupier consented. 19
64 Application for warrant 20
(1) An inspector may apply to a magistrate for a warrant for a place. 21
(2) The application must be sworn and state the grounds on which the 22
warrant is sought. 23
(3) The magistrate may refuse to consider the application until the 24
inspector gives the magistrate all the information the magistrate requires 25
about the application in the way the magistrate requires. 26
27
Example--
28
The magistrate may require additional information supporting the application to be
29
given by statutory declaration.
s 65 42 s 66
Pest Management Bill 2001
65 Issue of warrant 1
(1) The magistrate may issue a warrant only if the magistrate is satisfied 2
there are reasonable grounds for suspecting-- 3
(a) there is a particular thing or activity (the "evidence") that may 4
provide evidence of an offence against this Act; and 5
(b) the evidence is at the place, or may be at the place within the next 6
7 days. 7
(2) The warrant must state-- 8
(a) that a stated inspector may, with necessary and reasonable help 9
and force-- 10
(i) enter the place and any other place necessary for entry; and 11
(ii) exercise the inspector's powers under this division; and 12
(b) the offence for which the warrant is sought; and 13
(c) the evidence that may be seized under the warrant; and 14
(d) the hours of the day or night when the place may be entered; and 15
(e) the date, within 14 days after the warrant's issue, the warrant 16
ends. 17
66 Special warrant 18
(1) An inspector may apply for a warrant (a "special warrant") by 19
phone, fax, radio or another form of communication if the inspector 20
considers it necessary because of-- 21
(a) urgent circumstances; or 22
(b) other special circumstances, including, for example, the 23
inspector's remote location. 24
(2) Before applying for the warrant, the inspector must prepare an 25
application stating the grounds on which the warrant is sought. 26
(3) The inspector may apply for the warrant before the application is 27
sworn. 28
(4) After issuing the warrant, the magistrate must immediately fax a 29
copy to the inspector if it is reasonably practicable to fax the copy. 30
s 67 43 s 67
Pest Management Bill 2001
(5) If it is not reasonably practicable to fax a copy to the inspector-- 1
(a) the magistrate must tell the inspector-- 2
(i) what the terms of the warrant are; and 3
(ii) the date and time the warrant was issued; and 4
(b) the inspector must complete a form of warrant (a "warrant 5
form") and write on it-- 6
(i) the magistrate's name; and 7
(ii) the date and time the magistrate issued the warrant; and 8
(iii) the terms of the warrant. 9
(6) The facsimile warrant, or the warrant form properly completed by 10
the inspector, authorises the entry and the exercise of the other powers 11
stated in the warrant issued by the magistrate. 12
(7) The inspector must, at the first reasonable opportunity, send to the 13
magistrate-- 14
(a) the sworn application; and 15
(b) if the inspector completed a warrant form--the completed 16
warrant form. 17
(8) On receiving the documents, the magistrate must attach them to the 18
warrant. 19
(9) If-- 20
(a) an issue arises in a proceeding about whether an exercise of a 21
power was authorised by a special warrant; and 22
(b) the warrant is not produced in evidence; 23
the onus of proof is on the person relying on the lawfulness of the exercise 24
of the power to prove a special warrant authorised the exercise of 25
the power. 26
67 Warrant--procedure before entry 27
(1) This section applies if an inspector named in a warrant issued under 28
this division for a place is intending to enter the place under the warrant. 29
(2) Before entering the place, the inspector must do or make a 30
reasonable attempt to do the following-- 31
s 68 44 s 68
Pest Management Bill 2001
(a) identify himself or herself to a person present at the place who is 1
an occupier of the place by producing a copy of the inspector's 2
identity card or other document evidencing the appointment; 3
(b) give the person a copy of the warrant or, if the entry is authorised 4
by a facsimile warrant or warrant form mentioned in 5
section 66(6), a copy of the facsimile warrant or warrant form; 6
(c) tell the person the inspector is permitted by the warrant to enter 7
the place; 8
(d) give the person an opportunity to allow the inspector immediate 9
entry to the place without using force. 10
(3) However, the inspector need not comply with subsection (2) if the 11
inspector believes on reasonable grounds that immediate entry to the place 12
is required to ensure the effective execution of the warrant is not frustrated. 13
68 Stopping motor vehicles 14
(1) This section applies if an inspector suspects on reasonable grounds, 15
or is aware, that a thing in or on a motor vehicle may provide evidence of 16
the commission of an offence against this Act. 17
(2) For the purpose of exercising the powers of an inspector under this 18
division, an inspector may-- 19
(a) if the motor vehicle is moving--ask or signal the person in 20
control of the motor vehicle to stop the motor vehicle; and 21
(b) whether or not the motor vehicle is moving--ask or signal the 22
person in control of the motor vehicle to bring the motor vehicle 23
to a convenient place within a reasonable distance to allow the 24
inspector to exercise the inspector's powers under this division. 25
(3) Despite section 58,15 for the purpose of exercising a power under 26
subsection (2)(a), the inspector must-- 27
(a) have with him or her the inspector's identity card; and 28
(b) produce the identity card for the person's inspection immediately 29
after the motor vehicle is stopped. 30
(4) The person must comply with the inspector's request or signal, unless 31
the person has a reasonable excuse. 32
15 Section 58 (Production or display of identity card)
s 69 45 s 69
Pest Management Bill 2001
Maximum penalty--50 penalty units. 1
(5) If the motor vehicle is stopped, the inspector may direct the person-- 2
(a) not to move the motor vehicle until the inspector has exercised 3
the inspector's powers under this division; or 4
(b) to move the motor vehicle to, and keep it at, a stated reasonable 5
place to allow the inspector to exercise the inspector's powers 6
under this division. 7
(6) When giving the direction, the inspector must warn the person it is an 8
offence not to comply with the direction, unless the person has a reasonable 9
excuse. 10
(7) The person must comply with the inspector's direction, unless the 11
person has a reasonable excuse. 12
Maximum penalty for subsection (7)--50 penalty units. 13
Subdivision 3--Powers after entry 14
69 General powers after entering place 15
(1) This section applies to an inspector who enters a place. 16
(2) However, if an inspector enters a place to get the occupier's consent 17
to enter a place, this section applies to the inspector only if the consent is 18
given or the entry is otherwise authorised. 19
(3) For monitoring or enforcing compliance with this Act, the inspector 20
may-- 21
(a) search any part of the place; or 22
(b) inspect, photograph or film any part of the place or anything at 23
the place; or 24
(c) take a thing at the place for analysis; or 25
(d) take an extract from, or copy, a document at the place; or 26
(e) take into or onto the place any person, equipment and materials 27
the inspector reasonably requires for exercising a power under 28
this division; or 29
s 70 46 s 72
Pest Management Bill 2001
(f) require the occupier of the place, or a person at the place, to give 1
the inspector reasonable help to exercise the inspector's powers 2
under paragraphs (a) to (e); or 3
(g) require the occupier of the place, or a person at the place, to give 4
the inspector information to help the inspector find out whether 5
this Act is being complied with. 6
(4) When making a requirement under subsection (3)(f) or (g), the 7
inspector must warn the person it is an offence not to comply with the 8
requirement unless the person has a reasonable excuse. 9
70 Failure to help inspector 10
(1) A person required to give reasonable help under section 69(3)(f) 11
must comply with the requirement, unless the person has a reasonable 12
excuse. 13
Maximum penalty--50 penalty units. 14
(2) If an individual is required under section 69(3)(f) to give information 15
or produce a document, it is a reasonable excuse for the individual not to 16
comply with the requirement that complying with the requirement might 17
tend to incriminate the individual. 18
71 Failure to give information 19
(1) A person of whom a requirement is made under section 69(3)(g) 20
must comply with the requirement, unless the person has a reasonable 21
excuse. 22
Maximum penalty--50 penalty units. 23
(2) It is a reasonable excuse for an individual not to comply with the 24
requirement that complying with the requirement might tend to incriminate 25
the individual. 26
Subdivision 4--Power to seize evidence 27
72 Seizing evidence at a place that may be entered without consent or 28
warrant 29
An inspector who enters a place that may be entered under this division 30
without the consent of the occupier and without a warrant, may seize a 31
s 73 47 s 74
Pest Management Bill 2001
thing at the place if the inspector reasonably believes the thing is evidence 1
of an offence against this Act. 2
73 Seizing evidence at a place that may only be entered with consent 3
or warrant 4
(1) This section applies if-- 5
(a) an inspector is authorised to enter a place under this division only 6
with the consent of the occupier or a warrant; and 7
(b) the inspector enters the place after obtaining the necessary 8
consent or warrant. 9
(2) If the inspector enters the place with the occupier's consent, the 10
inspector may seize a thing at the place if-- 11
(a) the inspector reasonably believes the thing is evidence of an 12
offence against this Act; and 13
(b) seizure of the thing is consistent with the purpose of entry as told 14
to the occupier when asking for the occupier's consent. 15
(3) If the inspector enters the place with a warrant, the inspector may 16
seize the evidence for which the warrant was issued. 17
(4) The inspector also may seize anything else at the place if the 18
inspector reasonably believes-- 19
(a) the thing is evidence of an offence against this Act; and 20
(b) the seizure is necessary to prevent the thing being-- 21
(i) hidden, lost or destroyed; or 22
(ii) used to continue, or repeat, the offence. 23
(5) Also, the inspector may seize a thing at the place if the inspector 24
reasonably believes it has just been used in committing an offence against 25
this Act. 26
74 Securing seized thing 27
Having seized a thing, an inspector may do 1 or more of the following-- 28
(a) move the thing from the place where it was seized (the "place of 29
seizure"); 30
s 75 48 s 76
Pest Management Bill 2001
(b) leave the thing at the place of seizure but take reasonable steps to 1
restrict access to it; 2
3
Examples of restricting access to a thing--
4
1. Sealing a thing and marking it to show access to it is restricted.
5
2. Sealing the entrance to a room where the seized thing is situated and
6
marking it to show access to it is restricted
(c) make the thing inoperable if it is equipment. 7
8
Example of making equipment inoperable--
9
Dismantling equipment or removing a component of equipment without
10
which the equipment is not capable of being used.
75 Tampering with seized thing 11
(1) If an inspector restricts access to a seized thing, a person must not 12
tamper, or attempt to tamper, with the thing, or something restricting 13
access to the thing, without an inspector's approval. 14
Maximum penalty--100 penalty units. 15
(2) If an inspector makes seized equipment inoperable, a person must 16
not tamper, or attempt to tamper, with the equipment, without an 17
inspector's approval. 18
Maximum penalty--100 penalty units. 19
76 Powers to support seizure 20
(1) To enable a thing to be seized, an inspector may require the person in 21
control of it-- 22
(a) to take it to a stated reasonable place by a stated reasonable time; 23
and 24
(b) if necessary, to remain in control of it at the stated place for a 25
stated reasonable period. 26
(2) The requirement-- 27
(a) must be made by notice in the approved form; or 28
(b) if for any reason it is not practicable to give the notice, may be 29
made orally and confirmed by notice in the approved form as 30
soon as practicable. 31
s 77 49 s 78
Pest Management Bill 2001
(3) A further requirement may be made under this section about the 1
thing if it is necessary and reasonable to make the further requirement. 2
(4) A person of whom a requirement is made under subsection (1) or (3) 3
must comply with the requirement, unless the person has a reasonable 4
excuse. 5
Maximum penalty for subsection (4)--50 penalty units. 6
77 Receipt for seized thing 7
(1) As soon as practicable after an inspector seizes a thing, the inspector 8
must give a receipt for it to the person from whom it was seized. 9
(2) However, if for any reason it is not practicable to comply with 10
subsection (1), the inspector must leave the receipt at the place of seizure in 11
a conspicuous position and in a reasonably secure way. 12
(3) The receipt must describe generally each thing seized and its 13
condition. 14
(4) This section does not apply to a thing if it is impracticable or would 15
be unreasonable to give the receipt (given the thing's nature, condition and 16
value). 17
78 Forfeiture of seized thing 18
(1) A seized thing is forfeited to the State if the inspector who seized the 19
thing-- 20
(a) can not find its owner, after making reasonable inquiries; or 21
(b) can not return it to its owner, after making reasonable efforts; or 22
(c) reasonably believes it is necessary to keep the thing to prevent it 23
being used to commit an offence against this Act. 24
(2) In applying subsection (1)-- 25
(a) subsection (1)(a) does not require the inspector to make inquiries 26
if it would be unreasonable to make inquiries to find the 27
owner; and 28
(b) subsection (1)(b) does not require the inspector to make efforts if 29
it would be unreasonable to make efforts to return the thing to its 30
owner. 31
s 79 50 s 79
Pest Management Bill 2001
1
Example for paragraph (b)--
2
The owner of the thing has migrated to another country.
(3) If the inspector makes a decision under subsection (1)(c), resulting in 3
the seized thing being forfeited to the State, the inspector must, as soon as 4
practicable, give the owner an information notice for the decision. 5
(4) Subsection (3) does not apply if-- 6
(a) the inspector can not find the owner, after making reasonable 7
inquiries; or 8
(b) it is impracticable or would be unreasonable to give the 9
information notice. 10
(5) Regard must be had to a thing's nature, condition and value-- 11
(a) in deciding-- 12
(i) whether it is reasonable to make inquiries or efforts; and 13
(ii) if making inquiries or efforts, what inquiries or efforts, 14
including the period over which they are made, are 15
reasonable; or 16
(b) in deciding whether it would be unreasonable to give the 17
information notice. 18
79 Forfeiture on conviction 19
(1) On the conviction of a person for an offence against this Act, the 20
court may order the forfeiture to the State of-- 21
(a) anything used to commit the offence; or 22
(b) anything else the subject of the offence. 23
(2) The court may make the order-- 24
(a) whether or not the thing has been seized; or 25
(b) if the thing has been seized--whether or not the thing has been 26
returned to its owner. 27
(3) The court may make any order to enforce the forfeiture it considers 28
appropriate. 29
(4) This section does not limit the court's powers under the Penalties 30
and Sentences Act 1992 or another law. 31
s 80 51 s 82
Pest Management Bill 2001
80 Dealing with forfeited things etc. 1
(1) On the forfeiture of a thing to the State, the thing becomes the State's 2
property and may be dealt with by the chief executive as the chief 3
executive considers appropriate. 4
(2) Without limiting subsection (1), the chief executive may destroy or 5
dispose of the thing. 6
(3) Despite subsection (1), the chief executive must not deal with the 7
thing in a way that could prejudice the outcome of-- 8
(a) a review applied for under section 105 or an appeal started under 9
section 109; or 10
(b) another appeal, relevant to the thing, of which the chief executive 11
is aware. 12
81 Return of seized thing 13
(1) If a seized thing is not forfeited, the inspector must return it to its 14
owner-- 15
(a) generally--at the end of 6 months; or 16
(b) if a proceeding for an offence involving the thing is started within 17
6 months--at the end of the proceeding and any appeal from 18
the proceeding. 19
(2) Despite subsection (1), unless the thing is forfeited, the inspector 20
must, as soon as practicable, return a thing seized as evidence to its owner 21
if the inspector stops being satisfied its continued retention as evidence is 22
necessary. 23
82 Access to seized thing 24
(1) Until a seized thing is forfeited or returned, an inspector must allow 25
its owner to inspect it and, if it is a document, to copy it. 26
(2) Subsection (1) does not apply if it is impracticable or would be 27
unreasonable to allow the inspection or copying. 28
s 83 52 s 85
Pest Management Bill 2001
Subdivision 5--Power to obtain information 1
83 Power to require name and address 2
(1) This section applies if-- 3
(a) an inspector finds a person committing an offence against this 4
Act; or 5
(b) an inspector finds a person in circumstances that lead, or has 6
information about a person that leads, the inspector to reasonably 7
suspect the person has just committed an offence against this Act. 8
(2) The inspector may require the person to state the person's name and 9
residential address. 10
(3) When making the requirement, the inspector must warn the person it 11
is an offence to fail to state the person's name or residential address, unless 12
the person has a reasonable excuse. 13
(4) The inspector may require the person to give evidence of the 14
correctness of the stated name or residential address if the inspector 15
reasonably suspects the stated name or address is false. 16
(5) A requirement under subsection (2) or (4) is called a "personal 17
particulars requirement". 18
84 Failure to give name or address 19
(1) A person of whom a personal particulars requirement is made must 20
comply with the requirement, unless the person has a reasonable excuse. 21
Maximum penalty--50 penalty units. 22
(2) A person does not commit an offence against subsection (1) if-- 23
(a) the person was required to state the person's name and residential 24
address by an inspector who suspected the person had committed 25
an offence against this Act; and 26
(b) the person is not proved to have committed the offence. 27
85 Power to require production of documents 28
(1) An inspector may require a person to make available for inspection 29
by an inspector, or produce to the inspector for inspection, at a reasonable 30
time and place nominated by the inspector-- 31
s 86 53 s 88
Pest Management Bill 2001
(a) a document issued to the person under this Act; or 1
(b) a document required to be kept by the person under this Act. 2
(2) The inspector may keep the document to copy it. 3
(3) If the inspector copies a document mentioned in subsection (1)(b), or 4
an entry in the document, the inspector may require the person responsible 5
for keeping the document to certify the copy as a true copy of the document 6
or entry. 7
(4) The inspector must return the document to the person as soon as 8
practicable after copying it. 9
(5) However, if a requirement (a "document certification 10
requirement") is made of a person under subsection (3), the inspector may 11
keep the document until the person complies with the requirement. 12
(6) A requirement under subsection (1) is called a "document 13
production requirement". 14
86 Failure to produce document 15
(1) A person of whom a document production requirement is made must 16
comply with the requirement, unless the person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(2) It is not a reasonable excuse for a person not to comply with a 19
document production requirement that complying with the requirement 20
might tend to incriminate the person. 21
87 Failure to certify copy of document 22
A person of whom a document certification requirement is made must 23
comply with the requirement, unless the person has a reasonable excuse. 24
Maximum penalty--50 penalty units. 25
88 Power to require information 26
(1) This section applies if an inspector reasonably believes-- 27
(a) an offence against this Act has been committed; and 28
(b) a person may be able to give information about the offence. 29
s 89 54 s 89
Pest Management Bill 2001
(2) The inspector may, by notice given to the person, require the person 1
to give information about the offence to the inspector at a stated reasonable 2
time and place. 3
(3) The person must comply with a requirement under subsection (2), 4
unless the person has a reasonable excuse. 5
Maximum penalty--50 penalty units. 6
(4) It is a reasonable excuse for an individual to fail to give information 7
if giving the information might tend to incriminate the individual. 8
Division 3--General enforcement matters 9
89 Compliance notice 10
(1) This section applies if the chief executive or an inspector reasonably 11
believes-- 12
(a) a person-- 13
(i) is contravening a provision of this Act; or 14
(ii) has contravened a provision of this Act in circumstances 15
that make it likely the contravention will continue or be 16
repeated; and 17
(b) a matter relating to the contravention is reasonably capable of 18
being rectified; and 19
(c) it is appropriate to give the person an opportunity to rectify the 20
matter; and 21
(d) if the person is a pest management technician--the chief 22
executive has not given a show cause notice to the technician 23
under section 44 relating to the contravention. 24
(2) The chief executive or inspector may give the person a notice (a 25
"compliance notice") requiring the person to rectify the matter. 26
(3) The compliance notice must state-- 27
(a) that the chief executive or inspector believes the person-- 28
(i) is contravening a provision of this Act; or 29
s 90 55 s 90
Pest Management Bill 2001
(ii) has contravened a provision of this Act in circumstances 1
that make it likely that the contravention will continue or be 2
repeated; and 3
(b) the provision the chief executive or inspector believes is being, or 4
has been, contravened; and 5
(c) briefly, how it is believed the provision is being, or has been 6
contravened; and 7
(d) the matter relating to the contravention that the chief executive or 8
inspector believes is reasonably capable of being rectified; and 9
(e) the reasonable steps the person must take to rectify the matter; 10
and 11
(f) that the person must take the steps within a stated reasonable 12
period of not less than 21 days; and 13
(g) that it is an offence to fail to comply with the compliance notice 14
unless the person has a reasonable excuse. 15
(4) The person must comply with the compliance notice, unless the 16
person has a reasonable excuse. 17
Maximum penalty--100 penalty units. 18
(5) The person can not be prosecuted for contravention of the provision 19
unless the person-- 20
(a) fails to comply with the compliance notice within the stated 21
period; and 22
(b) does not have a reasonable excuse for failing to comply with the 23
notice. 24
90 Notice of damage 25
(1) This section applies if-- 26
(a) an inspector damages property when exercising or purporting to 27
exercise a power; or 28
(b) a person (the "other person") acting under the direction or 29
authority of an inspector damages property. 30
(2) The inspector must, as soon as practicable, give notice of particulars 31
of the damage to the person who appears to the inspector to be the owner of 32
the property. 33
s 91 56 s 91
Pest Management Bill 2001
(3) If the inspector believes the damage was caused by a latent defect in 1
the property or circumstances beyond the inspector's or other person's 2
control, the inspector may state the belief in the notice. 3
(4) If, for any reason, it is impracticable to comply with subsection (2), 4
the inspector must leave the notice in a conspicuous position and in a 5
reasonably secure way where the damage happened. 6
(5) This section does not apply to damage the inspector reasonably 7
believes is trivial. 8
(6) In this section-- 9
"owner", of property, includes the person in possession or control of it. 10
91 Compensation 11
(1) A person may claim compensation from the State if the person incurs 12
loss or expense because of the exercise or purported exercise of a power 13
under any of the following subdivisions of division 216-- 14
(a) subdivision 1 (Entry of places) 15
(b) subdivision 3 (Powers after entry) 16
(c) subdivision 4 (Power to seize evidence) 17
(2) Without limiting subsection (1), compensation may be claimed for 18
loss or expense incurred in complying with a requirement made of the 19
person under the subdivision. 20
(3) Compensation may be claimed and ordered to be paid in a 21
proceeding-- 22
(a) brought in a court with jurisdiction for the recovery of the 23
amount of compensation claimed; or 24
(b) for an offence against this Act brought against the person 25
claiming compensation. 26
(4) A court may order compensation to be paid only if it is satisfied it is 27
just to make the order in the circumstances of the particular case. 28
16 Division 2 (Powers of inspectors)
s 92 57 s 94
Pest Management Bill 2001
92 False or misleading statements 1
(1) A person must not state anything to an inspector the person knows is 2
false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
(2) In a proceeding for an offence against subsection (1), it is enough for 5
a charge to state that the statement was, without specifying which, `false or 6
misleading'. 7
93 False or misleading documents 8
(1) A person must not give an inspector a document containing 9
information the person knows is false or misleading in a material 10
particular. 11
Maximum penalty--50 penalty units. 12
(2) Subsection (1) does not apply to a person if the person, when giving 13
the document-- 14
(a) tells the inspector, to the best of the person's ability, how it is 15
false or misleading; and 16
(b) if the person has, or can reasonably obtain, the correct 17
information--gives the correct information. 18
(3) In a proceeding for an offence against subsection (1), it is enough for 19
a charge to state that the statement was, without specifying which, `false or 20
misleading'. 21
94 Obstructing inspector 22
(1) A person must not obstruct an inspector in the exercise of a power, 23
unless the person has a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
(2) If a person has obstructed an inspector and the inspector decides to 26
proceed with the exercise of the power, the inspector must warn the person 27
that-- 28
(a) it is an offence to obstruct the inspector, unless the person has a 29
reasonable excuse; and 30
(b) the inspector considers the person's conduct is an obstruction. 31
s 95 58 s 96
Pest Management Bill 2001
(3) In this section-- 1
"obstruct" includes hinder and attempt to obstruct or hinder. 2
95 Impersonation of inspector 3
A person must not pretend to be an inspector. 4
Maximum penalty--50 penalty units. 5
96 Dealing with certain things 6
(1) If an inspector takes a thing under section 69(3)(c),17 or seizes a thing 7
under section 72 or 7318 for analysis by a State analyst, the inspector 8
must-- 9
(a) divide the thing into 3 separate parts and-- 10
(i) seal or fasten each part in a way that will, so far as is 11
practicable, prevent a person tampering with the part; and 12
(ii) attach a label containing the label details to each part; and 13
(b) leave 1 part with the owner of the thing or the person from whom 14
the thing was obtained; and 15
(c) deal with 1 of the remaining parts under section 101; and 16
(d) keep the other remaining part for future comparison. 17
(2) Subsection (3) applies if a thing is in more than 1 package and the 18
inspector reasonably believes that, because of the size of the packages, 19
dividing 1 package of the thing for analysis into 3 separate parts would-- 20
(a) affect the composition or quality of the thing in a way that would 21
make the separate parts unsuitable for accurate analysis; or 22
(b) make the parts insufficient for accurate analysis; or 23
(c) make the thing in any other way unsuitable for analysis. 24
(3) If the inspector reasonably believes the packages contain the same 25
substance, the inspector may-- 26
17 Section 69 (General powers after entering place)
18 Section 72 (Seizing evidence at a place that may be entered without consent or
warrant) or 73 (Seizing evidence at a place that may only be entered with consent or
warrant)
s 97 59 s 98
Pest Management Bill 2001
(a) mix 2 or more of the packages and deal with the mixture under 1
subsection (1); or 2
(b) use more than 1 of the packages to make up each part mentioned 3
in subsection (1). 4
(4) Subsections (1) to (3) do not apply to a thing to the extent that, 5
because of its nature, it is impossible or impractical to deal with it in the 6
way mentioned in the subsections. 7
(5) In this section-- 8
"label details" means-- 9
(a) an identification number; and 10
(b) a description of the thing; and 11
(c) the date it was taken or seized; and 12
(d) the place where it was taken or seized; and 13
(e) the inspector's signature. 14
Division 4--State analysts 15
97 Appointment and qualifications 16
(1) The chief executive may appoint any of the following persons as a 17
State analyst-- 18
(a) an officer of the department; 19
(b) a health service employee. 20
(2) However, the chief executive may appoint a person as a State analyst 21
only if the chief executive is satisfied the person has the necessary expertise 22
or experience to be a State analyst. 23
98 Appointment conditions and limit on powers 24
(1) A State analyst holds office on any conditions stated in-- 25
(a) the State analyst's instrument of appointment; or 26
(b) a signed notice given to the State analyst; or 27
(c) a regulation. 28
s 99 60 s 101
Pest Management Bill 2001
(2) The instrument of appointment, a signed notice given to the State 1
analyst or a regulation may limit the State analyst's powers under this Act. 2
(3) In this section-- 3
"signed notice" means a notice signed by the chief executive. 4
99 When State analyst ceases to hold office 5
(1) A State analyst ceases to hold office if any of the following 6
happens-- 7
(a) the term of office stated in a condition of office ends; 8
(b) under another condition of office, the State analyst ceases to hold 9
office; 10
(c) the State analyst's resignation under section 100 takes effect. 11
(2) Subsection (1) does not limit the ways a State analyst may cease to 12
hold office. 13
(3) In this section-- 14
"condition of office" means a condition on which the State analyst holds 15
office. 16
100 Resignation 17
(1) A State analyst may resign by signed notice given to the chief 18
executive. 19
(2) However, if holding office as a State analyst is a condition of the 20
State analyst holding another office, the State analyst may not resign as a 21
State analyst without resigning from the other office. 22
101 Analysis 23
(1) If an inspector who takes a thing at a place under section 69(3)(c),19 24
or seizes a thing at a place under section 72 or 7320 for analysis, is not a 25
19 Section 69 (General powers after entering place)
20 Section 72 (Seizing evidence at a place that may be entered without consent or
warrant) or 73 (Seizing evidence at a place that may only be entered with consent or
warrant)
s 102 61 s 104
Pest Management Bill 2001
State analyst, the inspector must, as soon as practicable, give it to a State 1
analyst for analysis. 2
(2) The State analyst must, as soon as practicable, complete a certificate 3
of analysis for the thing and give the certificate to the inspector. 4
(3) If an inspector who takes or seizes a thing as mentioned in 5
subsection (1) is a State analyst, the inspector must, as soon as practicable, 6
complete a certificate of analysis for the thing. 7
(4) For dealing with a part of a thing mentioned in section 96(1)(c), 8
subsections (1) and (3) apply as if a reference to a thing were a reference to 9
a part. 10
102 Certificates must indicate methodology used 11
The certificate of analysis must include information about the 12
methodology used to conduct the analysis. 13
PART 4--REVIEWS AND APPEALS 14
Division 1--Internal review of decisions 15
103 Appeal process starts with internal review 16
(1) Subject to this division, a person who is given, or is entitled to be 17
given, an information notice for a decision (the "original decision") may 18
appeal against the decision under this part. 19
(2) The appeal must be, in the first instance, by way of an application for 20
internal review under section 104. 21
(3) To help users of this Act, schedule 1 identifies the decisions for 22
which an information notice must be given under this Act. 23
104 Application for review to be made to the chief executive 24
The person may apply to the chief executive for a review of the original 25
decision. 26
s 105 62 s 106
Pest Management Bill 2001
105 Applying for review 1
(1) The application must be made within 28 days after-- 2
(a) if the person is given an information notice for the decision--the 3
day the person is given the information notice; or 4
(b) if paragraph (a) does not apply--the day the person otherwise 5
becomes aware of the decision. 6
(2) The chief executive may, at any time, extend the time for applying 7
for the review. 8
(3) The application must be in writing and state fully the grounds of the 9
application. 10
106 Review decision 11
(1) After reviewing the original decision, the chief executive must make 12
a further decision (the "review decision") to-- 13
(a) confirm the original decision; or 14
(b) amend the original decision; or 15
(c) substitute another decision for the original decision. 16
(2) The chief executive must, as soon as practicable, give the applicant 17
notice of the review decision (the "review notice"). 18
(3) If the review decision is not the decision sought by the applicant, the 19
review notice must also state-- 20
(a) the reasons for the review decision; and 21
(b) that the applicant may appeal against the review decision to the 22
District Court within 28 days after the person is given the notice; 23
and 24
(c) how to appeal; and 25
(d) that the applicant may apply to the court for a stay of the review 26
decision. 27
(4) If the chief executive does not give the notice within 60 days after the 28
application is made, the chief executive is taken to have made a review 29
decision confirming the original decision. 30
s 107 63 s 109
Pest Management Bill 2001
(5) If the review decision confirms the original decision, for the purpose 1
of an appeal to the court, the original decision is taken to be the review 2
decision. 3
(6) If the review decision amends the original decision, for the purpose 4
of an appeal to the court, the original decision as amended is taken to be the 5
review decision. 6
107 Stay of operation of decision 7
(1) If an application is made for review of an original decision, the 8
applicant may immediately apply to the District Court for a stay of the 9
decision. 10
(2) The court may stay the original decision to secure the effectiveness 11
of the review and any later appeal to the court. 12
(3) The stay-- 13
(a) may be given on conditions the court considers appropriate; and 14
(b) operates for the period fixed by the court; and 15
(c) may be revoked or amended by the court. 16
(4) The period of the stay must not extend past the time when the chief 17
executive makes a review decision about the original decision and any later 18
period the court allows the applicant to enable the applicant to appeal 19
against the review decision. 20
(5) The application affects the original decision, or carrying out of the 21
original decision, only if the original decision is stayed. 22
Division 2--Appeals 23
108 Who may appeal 24
A person who has applied for the review of an original decision under 25
division 1 and is dissatisfied with the review decision may appeal to the 26
District Court against the review decision. 27
109 Starting appeal 28
(1) The appeal may be started at-- 29
s 110 64 s 111
Pest Management Bill 2001
(a) the District Court at the place where the person resides or carries 1
on business; or 2
(b) the District Court at Brisbane. 3
(2) Subsection (1) does not limit the District Court at which the appeal 4
may be started under the Uniform Civil Procedure Rules 1999. 5
(3) The notice of appeal under the Uniform Civil Procedure Rules 1999 6
must be filed with the registrar of the court within 28 days after-- 7
(a) if the appellant is given a review notice for the review 8
decision--the day the appellant is given the notice; or 9
(b) if paragraph (a) does not apply--the day the person otherwise 10
becomes aware of the review decision. 11
(4) The court may, at any time, extend the period for filing the notice of 12
appeal. 13
110 Stay of operation of decision 14
(1) The court may grant a stay of the operation of the review decision to 15
secure the effectiveness of the appeal. 16
(2) The stay-- 17
(a) may be given on conditions the court considers appropriate; and 18
(b) operates for the period fixed by the court; and 19
(c) may be revoked or amended by the court. 20
(3) The period of the stay must not extend past the time when the court 21
decides the appeal. 22
(4) The appeal affects the decision, or carrying out of the decision, only 23
if the decision is stayed. 24
111 Hearing procedures 25
(1) In deciding the appeal, the court-- 26
(a) has the same powers as the chief executive; and 27
(b) is not bound by the rules of evidence; and 28
(c) must comply with natural justice. 29
s 112 65 s 114
Pest Management Bill 2001
(2) The appeal is by way of rehearing, unaffected by the original 1
decision, on the material before the person who made the original decision 2
and any further evidence allowed by the court. 3
112 Powers of court on appeal 4
(1) In deciding the appeal, the court may-- 5
(a) confirm the review decision; or 6
(b) amend the review decision; or 7
(c) substitute another decision for the review decision; or 8
(d) set aside the review decision and return the issue to the chief 9
executive with the directions the court considers appropriate. 10
(2) If the court amends the review decision or substitutes another 11
decision for the review decision, the amended or substituted decision is, for 12
this Act (other than this part) taken to be the chief executive's decision. 13
113 Appeal to Supreme Court only on questions of law 14
A person aggrieved by the court's decision may appeal to the Supreme 15
Court, but only on a question of law. 16
PART 5--LEGAL PROCEEDINGS 17
Division 1--Application 18
114 Application of part 19
This part applies to a proceeding under this Act. 20
s 115 66 s 117
Pest Management Bill 2001
Division 2--Evidence 1
115 Appointments and authority 2
The following must be presumed unless a party to the proceeding, by 3
reasonable notice, requires proof of it-- 4
(a) the chief executive's appointment; 5
(b) the appointment of an inspector or State analyst; 6
(c) the authority of the chief executive, an inspector or State analyst 7
to do anything under this Act. 8
116 Signatures 9
A signature purporting to be the signature of the chief executive, an 10
inspector or State analyst is evidence of the signature it purports to be. 11
117 Other evidentiary aids 12
(1) A certificate purporting to be signed by the chief executive stating 13
any of the following matters is evidence of the matter-- 14
(a) a stated document is an appointment, licence or notice made, 15
given, issued or kept under this Act; 16
(b) a stated document is a document given to the chief executive 17
under this Act; 18
(c) a stated document is a copy of a thing mentioned in paragraph (a) 19
or (b); 20
(d) on a stated day, or during a stated period, a stated person was or 21
was not the holder of a licence; 22
(e) on a stated day, or during a stated period, a licence-- 23
(i) was or was not in force; or 24
(ii) was or was not subject to a stated condition; 25
(f) on a stated day, a licence was suspended or cancelled; 26
(g) on a stated day, or during a stated period, an appointment as an 27
inspector or State analyst was, or was not, in force for a stated 28
person; 29
s 117 67 s 117
Pest Management Bill 2001
(h) on a stated day, a stated person was given a stated notice under 1
this Act; 2
(i) on a stated day, a stated requirement was made of a stated person. 3
(2) A statement in a complaint for an offence against this Act that the 4
matter of the complaint came to the knowledge of the complainant on a 5
stated day is evidence of when the matter came to the complainant's 6
knowledge. 7
(3) A certificate purporting to be that of a State analyst in relation to a 8
thing taken by an inspector at a place under section 69(3)(c),21 or seized 9
under section 72 or 73,22 stating any of the following matters is evidence of 10
the matters-- 11
(a) the analyst's qualifications; 12
(b) the analyst took, or received from a stated person, the thing; 13
(c) the thing was analysed at a stated place on a stated day or during 14
a stated period; 15
(d) the methodology used to analyse the thing; 16
(e) the results of the analysis. 17
(4) In a proceeding in which the chief executive applies under 18
section 119 to recover costs incurred by the chief executive, a certificate by 19
the chief executive stating that stated costs were incurred and the way in 20
which, and purpose for which, they were incurred is evidence of the 21
matters stated. 22
(5) Subsections (6) and (7) apply if it is necessary to prove a particular 23
article or substance (a "relevant item") is, or contains, a particular 24
fumigant or pesticide. 25
(6) Evidence that a substance ordinarily sold under the same name or 26
description as a relevant item is, or contains, a particular fumigant or 27
pesticide is evidence that the relevant item is, or contains the fumigant or 28
pesticide. 29
(7) Evidence that a container holding a relevant item is labelled in the 30
same way a container holding a particular fumigant or pesticide must be 31
21 Section 69 (General powers after entering place)
22 Section 72 (Seizing evidence at a place that may be entered without consent or
warrant) or 73 (Seizing evidence at a place that may only be entered with consent or
warrant)
s 118 68 s 120
Pest Management Bill 2001
labelled under the Agvet Code of Queensland is evidence that the container 1
holds the fumigant or pesticide. 2
Division 3--Proceedings 3
118 Summary proceedings for offences 4
(1) A proceeding for an offence against this Act is to be taken in a 5
summary way under the Justices Act 1886. 6
(2) The proceeding must start-- 7
(a) within 1 year after the commission of the offence; or 8
(b) within 6 months after the offence comes to the complainant's 9
knowledge, but within 2 years after the commission of the 10
offence. 11
119 Recovery of costs of investigation 12
(1) This section applies if-- 13
(a) a court convicts a person of an offence against this Act; and 14
(b) the chief executive applies to the court for an order against the 15
person for the payment of the costs the chief executive has 16
incurred in taking a thing, conducting an analysis or doing 17
something else during the investigation of the offence; and 18
(c) the court finds the chief executive has reasonably incurred 19
the costs. 20
(2) The court may order the person to pay the chief executive an amount 21
equal to the costs if it is satisfied it would be just to make the order in the 22
circumstances of the particular case. 23
(3) This section does not limit the court's powers under the Penalties 24
and Sentences Act 1992 or another law. 25
120 Application for order for payment of costs under s 119 26
(1) An application to a court under section 119 is, and any order made by 27
the court on the application is a judgment, in the court's civil jurisdiction. 28
s 121 69 s 122
Pest Management Bill 2001
(2) Any issue on the application is to be decided on the balance of 1
probabilities. 2
121 Responsibility for acts or omissions of representatives 3
(1) This section applies in a proceeding for an offence against this Act. 4
(2) If it is relevant to prove a person's state of mind about a particular act 5
or omission, it is enough to show-- 6
(a) the act was done or omitted to be done by a representative of the 7
person within the scope of the representative's actual or apparent 8
authority; and 9
(b) the representative had the state of mind. 10
(3) An act done or omitted to be done for a person by a representative of 11
the person within the scope of the representative's actual or apparent 12
authority is taken to have been done or omitted to be done also by the 13
person, unless the person proves the person could not, by the exercise of 14
reasonable diligence, have prevented the act or omission. 15
(4) In this section-- 16
"representative", of a person, means-- 17
(a) if the person is a corporation--an executive officer, employee or 18
agent of the corporation; or 19
(b) if the person is an individual--an employee or agent of the 20
individual. 21
"state of mind" of a person includes-- 22
(a) the person's knowledge, intention, opinion, belief or purpose; 23
and 24
(b) the person's reasons for the intention, opinion, belief or purpose. 25
122 Executive officers must ensure corporation complies with Act 26
(1) The executive officers of a corporation must ensure the corporation 27
complies with this Act. 28
(2) If a corporation commits an offence against a provision of this Act, 29
each of the corporation's executive officers also commits an offence, 30
namely, the offence of failing to ensure the corporation complies with the 31
provision. 32
s 123 70 s 123
Pest Management Bill 2001
Maximum penalty--the penalty for the contravention of the provision by 1
an individual. 2
(3) Evidence that the corporation has been convicted of an offence 3
against a provision of this Act is evidence that each of the executive 4
officers committed the offence of failing to ensure the corporation 5
complies with the provision. 6
(4) However, it is a defence for an executive officer to prove-- 7
(a) if the officer was in a position to influence the conduct of the 8
corporation in relation to the offence--the officer exercised 9
reasonable diligence to ensure the corporation complied with the 10
provision; or 11
(b) otherwise--the officer was not in a position to influence the 12
conduct of the corporation in relation to the offence. 13
PART 6--MISCELLANEOUS 14
123 Notifiable incidents 15
(1) A pest management technician must, unless the technician has a 16
reasonable excuse, give the chief executive notice about the occurrence of 17
a notifiable incident that occurs-- 18
(a) when the technician is carrying out a pest management activity; 19
or 20
(b) when the technician is supervising the carrying out of a pest 21
management activity by a trainee. 22
Maximum penalty--50 penalty units. 23
(2) For subsection (1)-- 24
(a) the notice must-- 25
(i) be given immediately, orally or in writing; and 26
(ii) state enough particulars to identify the incident, its nature 27
and its location; and 28
s 124 71 s 125
Pest Management Bill 2001
(b) if notice is given orally, the technician must give the chief 1
executive a written notice within 7 days from when the incident 2
occurred. 3
(3) The pest management technician must not give the chief executive a 4
notice the technician knows is false or misleading in a material particular. 5
Maximum penalty--50 penalty units. 6
(4) In a proceeding for an offence against subsection (3), it is enough for 7
a charge to state that the statement was, without specifying which, `false or 8
misleading'. 9
(5) In this section-- 10
"notifiable incident" means an exposure, spillage or other release of a 11
pesticide or fumigant that adversely affects, or is likely to adversely 12
affect, a person's health. 13
14
Example of an exposure--
15
Exposure of a person to a fumigant because of a failure of protective equipment.
124 Protecting officials from liability 16
(1) An official is not civilly liable for an act done, or omission made, 17
honestly and without negligence under this Act. 18
(2) If subsection (1) prevents a civil liability attaching to an official, the 19
liability attaches instead to the State. 20
(3) In this section-- 21
"official" means-- 22
(a) the chief executive; or 23
(c) an inspector or State analyst; or 24
(c) a person acting under the direction of an inspector; 25
(d) a person appointed by the chief executive to conduct a health 26
assessment. 27
125 Information may be given to foreign regulatory authorities 28
The chief executive may disclose to a foreign regulatory authority 29
information obtained by the chief executive under this Act about a person 30
who is, or was, a pest management technician or an applicant for a licence 31
s 126 72 s 127
Pest Management Bill 2001
if the disclosure is necessary for the foreign regulatory authority to perform 1
its functions. 2
126 Confidentiality of information about person's health 3
(1) This section applies to a person (the "relevant person") who is or 4
was-- 5
(a) the chief executive; or 6
(b) an inspector or State analyst; or 7
(c) a person appointed by the chief executive to conduct a health 8
assessment; or 9
(d) a person otherwise involved in the administration of this Act. 10
(2) The relevant person must not disclose information about a person's 11
health obtained by the relevant person in the course of performing the 12
relevant person's functions under this Act. 13
Maximum penalty--50 penalty units. 14
(3) However, the relevant person may disclose the information-- 15
(a) to the extent necessary to perform the relevant person's functions 16
under this Act; or 17
(b) if the disclosure is authorised under this or another Act; or 18
(c) if the disclosure is otherwise required or permitted by law; or 19
(d) if the person to whom the information relates agrees to the 20
disclosure; or 21
(e) if the disclosure is in a form that does not disclose the identity of 22
a person. 23
127 Certain information may be disclosed 24
(1) The chief executive may disclose whether or not an individual is a 25
pest management technician. 26
(2) For a pest management technician, the chief executive may disclose 27
all the following-- 28
(a) the number of the technician's licence; 29
(b) each pest management activity that may be carried out under the 30
licence; 31
s 128 73 s 130
Pest Management Bill 2001
(c) any conditions imposed on the licence under section 26(2); 1
(d) if the technician's licence is suspended--the licence is suspended 2
and the period of the suspension; 3
(e) if the technician is employed as a technician, the name and 4
address of the technician's employer; 5
(f) if the technician is self-employed, the business name, if any, 6
under which the technician carries on business. 7
128 Delegation by chief executive 8
(1) The chief executive may delegate the chief executive's powers under 9
this Act to an appropriately qualified officer of the department. 10
(2) However, the chief executive may not delegate the power to review 11
an original decision under part 4, division 1.23 12
(3) In this section-- 13
"appropriately qualified" includes having the qualifications, experience 14
or standing appropriate to exercise the power. 15
16
Example of `standing'--
17
A person's classification level in the department.
129 Approval of forms 18
The chief executive may approve forms for use under this Act. 19
130 Regulation-making power 20
(1) The Governor in Council may make regulations under this Act. 21
(2) A regulation may be made about the following-- 22
(a) requirements about the conduct of persons, or procedures to be 23
followed, before, while and after pest management activities are 24
carried out; 25
(b) requirements about containers, equipment or motor vehicles used 26
in relation to the carrying out of pest management activities; 27
23 Part 4 (Reviews and appeals), division 1 (Internal review of decisions)
s 131 74 s 131
Pest Management Bill 2001
(c) labelling by a pest management technician of containers used by 1
the technician to hold fumigants or pesticides; 2
(d) disposal of containers or equipment used in carrying out pest 3
management activities; 4
(e) handling, storage and transport of fumigants or pesticides; 5
(f) disposal of fumigants or pesticides; 6
(g) the keeping of records, and the records to be kept, by a pest 7
management technician; 8
(h) fees, including the refunding of fees, for this Act; 9
(i) imposing a penalty of not more than 20 penalty units for a 10
contravention of a provision of a regulation. 11
PART 7--SAVING AND TRANSITIONAL PROVISIONS 12
Division 1--Interpretation 13
131 Definitions for pt 7 14
In this part-- 15
"commencement day" means the day on which this part commences 16
"determining day" means the day 2 years after the commencement day. 17
"existing licence" means a licence that was-- 18
(a) granted under a repealed provision; and 19
(b) in force immediately before the commencement day. 20
"first renewal application", in relation to a restricted licence or a licence 21
under section 133(2), means the first application for renewal of the 22
licence made by the pest management technician after the 23
commencement day. 24
"fumigator's licence" means an existing licence granted under the Health 25
Regulation 1996, part 12.24 26
24 Health Regulation 1996, part 12 (Poisons (Fumigation))
s 132 75 s 133
Pest Management Bill 2001
"pest control operator's licence" means an existing licence granted under 1
the Health Act 1937, part 4, division 7.25 2
"restricted licence" means a licence under section 133(1) that is subject to 3
a condition restricting the pest management technician to the use of 4
only a pesticide named in the licence. 5
"second renewal application", in relation to a restricted licence or a 6
licence under section 133(2), means an application for renewal of the 7
licence for a period commencing immediately after the determining 8
day. 9
"timber pests" means pests that attack, infest or destroy timber or timber 10
products. 11
"timber pests qualification" means a pest management qualification that 12
includes the competency standard prescribed under a regulation for a 13
pest management activity for timber pests. 14
Division 2--Saving and transitional provisions 15
132 References to repealed provision 16
In an Act or document, a reference to a repealed provision or a provision 17
of a repealed provision may, if the context permits, be taken as a reference 18
to this Act or a provision of this Act. 19
133 Existing licences 20
(1) A pest control operator's licence is taken to be a licence under this 21
Act to carry out a pest control activity, including an activity for timber 22
pests. 23
(2) A fumigator's licence is taken to be a licence under this Act to carry 24
out a fumigation activity. 25
(3) A licence under subsection (1) or (2) is taken to have been issued-- 26
25 Health Act 1937, part 4 (Drugs and other articles), division 7 (Pest control operators)
s 134 76 s 135
Pest Management Bill 2001
(a) on the same conditions as those to which the pest control 1
operator's licence or fumigator's licence was subject 2
immediately before the commencement day; and 3
(b) on the conditions mentioned in section 26(1).26 4
134 First renewal applications for certain licences 5
(1) This section applies to a first renewal application for-- 6
(a) a restricted licence; or 7
(b) a licence under section 133(2). 8
(2) If the chief executive decides to grant the application, the licence 9
issued under section 31(3)27 expires on the determining day. 10
(3) The fee for the application must be worked out using the following 11
formula-- 12
YF × FW
-----------------------
- 13
52.
(4) In this section-- 14
"FW" means the number of full weeks from the day the licence mentioned 15
in subsection (1) expires to the determining day. 16
"YF" means the fee prescribed under a regulation for an application for 17
renewal of a licence for 1 year. 18
135 No second renewals of certain licences 19
(1) This section applies to a second renewal application for-- 20
(a) a restricted licence; or 21
(b) a licence under section 133(2). 22
(2) The chief executive must not grant the application unless the chief 23
executive is satisfied the applicant holds a pest management qualification 24
relevant to the pest management activity the applicant intends to carry out 25
under the licence. 26
26 Section 26 (Conditions of licence)
27 Section 31 (Decision about application for renewal)
s 136 77 s 138
Pest Management Bill 2001
136 Certain licences not to include timber pests after determining day 1
(1) This section applies to a licence under section 133(1) that is not a 2
restricted licence if, on the determining day, the pest management 3
technician who holds the licence does not have a timber pests qualification. 4
(2) Starting on the determining day, the licence is taken not to authorise 5
the carrying out of a pest control activity for timber pests. 6
(3) The technician must return the technician's licence to the chief 7
executive within 7 days after the determining day unless the technician has 8
a reasonable excuse. 9
Maximum penalty--10 penalty units. 10
(4) After the chief executive receives the licence, the chief executive 11
must, as soon as practicable, issue a new licence to the technician. 12
137 Chief executive to give notice to pest management technicians 13
(1) This section applies if it appears to the chief executive that a licence 14
will be affected by section 136(2). 15
(2) The chief executive must, at least 60 days before the determining day, 16
give the pest management technician who holds the licence a notice that, 17
starting on the determining day, the licence will no longer authorise the 18
carrying out of a pest control activity for timber pests unless the technician 19
holds a timber pests qualification. 20
138 Pending applications 21
(1) A pending application for a licence is taken to be an application for a 22
licence under this Act. 23
(2) A pending application for renewal of an existing licence is taken to 24
be-- 25
(a) for a licence that would, if it had been renewed under a repealed 26
provision immediately before the commencement day, be taken 27
to be a restricted licence or a licence under section 133(2)--a 28
first renewal application for the licence; or 29
(b) for a licence that would, if it had been renewed under a repealed 30
provision immediately before the commencement day, be taken 31
s 139 78 s 140
Pest Management Bill 2001
to be a licence under section 133(1) other than a restricted 1
licence--an application under section 29.28 2
(3) The provisions of this Act about making an application for a licence 3
or an application for renewal in the approved form and paying a fee do not 4
apply to the applications mentioned in subsections (1) and (2). 5
(4) In this section-- 6
"pending application" means an application made under a repealed 7
provision and not decided immediately before the commencement 8
day. 9
139 Action to cancel or suspend an existing licence 10
(1) This section applies if, immediately before the commencement 11
day-- 12
(a) a person holds an existing licence; and 13
(b) the person has received a notice under the Health Regulation 14
1996, section 10729 to show cause why the licence should not be 15
cancelled or suspended; and 16
(c) the commencement day is or precedes the day by which the 17
person could show cause. 18
(2) The person may attempt to show cause under the repealed provisions 19
as if this Act had not commenced. 20
(3) The chief executive may, after the person has attempted to show 21
cause, cancel or suspend the existing licence under the repealed provisions 22
as if this Act had not commenced. 23
(4) A suspension or cancellation under subsection (3) has effect as the 24
suspension or cancellation of the licence the existing licence is taken to be 25
under section 133(1). 26
140 Suspended licence 27
(1) This section applies if an existing licence has been suspended under a 28
repealed provision and the period of suspension has not ended immediately 29
before the commencement day. 30
28 Section 29 (Requirements about application for renewal of licence)
29 Health Regulation 1996, section 107 (Notice to show cause)
79
Pest Management Bill 2001
(2) The suspension is taken to continue as a suspension of a licence 1
under this Act. 2
141 Offences 3
(1) A proceeding for an offence against a repealed provision may be 4
started or continued, and the repealed provisions, and other provisions of 5
the Health Act 1937, that are necessary or convenient to be used in relation 6
to the proceeding continue to apply, as if this Act had not commenced. 7
(2) For subsection (1), the Acts Interpretation Act 1954, section 2030 8
applies, but does not limit the subsection. 9
142 Things seized 10
A thing seized under a repealed provision, and in relation to which a 11
proceeding for an offence under a repealed provision was not finalised or 12
started immediately before the commencement day, is taken to have been 13
properly seized under this Act. 14
143 Appeals 15
(1) Subsection (2) applies if-- 16
(a) a person has, before the commencement day, appealed to the 17
Minister under a repealed provision against a decision of the 18
chief executive; and 19
(b) the Minister has not made a decision about the appeal before the 20
commencement. 21
(2) The Minister may decide the appeal under the repealed provisions as 22
if this Act had not commenced. 23
(3) Subsection (4) applies if-- 24
(a) immediately before the commencement day a person could have 25
appealed to the Minister under a repealed provision against a 26
decision of the chief executive; and 27
(b) the person has not appealed before the commencement day. 28
30 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
80
Pest Management Bill 2001
(4) The person may appeal, and the Minister may decide the appeal, 1
under the repealed provisions as if this Act had not commenced. 2
(5) For giving effect to the Minister's decision under subsection (2) or 3
(4), the Minister may give directions to the chief executive that the 4
Minister considers necessary having regard to the provisions of this Act. 5
6
Example for subsection (5)--
7
On an appeal by a person against a decision of the chief executive to refuse to grant a
8
licence under a repealed provision, the Minister may direct the chief executive to issue
9
a licence to the person under this Act.
144 Governor in Council's power not affected 10
The amendment of the Health Regulation 1996 by part 8 and schedule 2 11
does not affect the power of the Governor in Council to further amend the 12
regulation or to repeal it. 13
PART 8--AMENDMENT OF ACT AND REGULATION 14
145 Amendments--sch 2 15
Schedule 2 amends the legislation mentioned in it. 16
81
Pest Management Bill 2001
SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
MUST BE GIVEN 3
section 103(3) 4
Section Description of decision
21 Refusing to grant an application for a licence
26 Issuing a licence on additional conditions
31 Refusing to grant an application for renewal of a licence
33 Varying a licence on the chief executive's initiative
36 Refusing to grant an application to vary a licence in
relation to pest management activities that may be
carried out under the licence, or a condition of the
licence
41 Refusing to grant an application for replacement of a
licence
47 Suspending or cancelling a licence
49 Immediately suspending a licence
78(1)(c) Decision resulting in a thing being forfeited to the State
82
Pest Management Bill 2001
SCHEDULE 2 1
AMENDMENT OF ACTS AND REGULATION 2
section 145 3
DENTAL PRACTITIONERS REGISTRATION ACT 2001 4
1 Section 259(2), `section 117'-- 5
omit, insert-- 6
`section 148'. 7
HEALTH ACT 1937 8
1 Part 4, divisions 7 and 8-- 9
omit. 10
HEALTH REGULATION 1996 11
1 Parts 10 and 12-- 12
omit. 13
83
Pest Management Bill 2001
SCHEDULE 3 1
DICTIONARY 2
section 5 3
"accepted representations" see section 45(2). 4
"aerial distribution" see section 6. 5
"agricultural chemical product" see section 6. 6
"Agvet Code of Queensland" means the provisions applying because of 7
section 5 of the Agricultural and Veterinary Chemicals (Queensland) 8
Act 1994.31 9
"analyse" includes measure and test. 10
"approved form" means a form approved by the chief executive. 11
"assessment report" see section 15(4). 12
"compliance notice" see section 89(2). 13
"conviction" means a finding of guilt or the acceptance of a plea of guilty 14
by a court, whether or not a conviction is recorded. 15
"corresponding law" means a law applying, or that applied, in another 16
State, the Commonwealth or a foreign country that provides, or 17
provided for the same matter as this Act or a provision of this Act. 18
"document certification requirement" see section 85(5). 19
"document production requirement" see section 85(6). 20
"executive officer", of a corporation, means a person who is concerned 21
with, or takes part in, the corporation's management, whether or not 22
the person is a director or the person's position is given the name of 23
executive officer. 24
"foreign regulatory authority" means an entity established under a law of 25
another State, the Commonwealth or a foreign country and involved 26
in the administration of a corresponding law. 27
31 Agricultural and Veterinary Chemicals (Queensland) Act 1994, section 5
(Application of Agvet Code in this jurisdiction)
84
Pest Management Bill 2001
SCHEDULE 3 (continued)
"fumigant" means a substance that-- 1
(a) is capable of producing a gas; and 2
(b) when in a gaseous state is ordinarily used to-- 3
(i) kill a pest; or 4
(ii) sterilise grain or seed to prevent germination; or 5
(iii) perform another function prescribed under a regulation for 6
this subparagraph. 7
"fumigation activity" means-- 8
(a) preparing a fumigant for use, including measuring, mixing or 9
weighing the fumigant; or 10
(b) using a fumigant to-- 11
(i) kill a pest; or 12
(ii) sterilise grain or seed to prevent germination; or 13
(iii) perform another function prescribed under a regulation for 14
this subparagraph. 15
"health assessment" see section 15(1). 16
"health service employee" means a person appointed as a health service 17
employee under the Health Services Act 1991, section 24. 18
"household pesticide" see section 6. 19
"information notice", for a decision made by the chief executive or an 20
inspector, is a notice stating the following-- 21
(a) the decision; 22
(b) the reasons for the decision; 23
(c) that the person to whom the notice is given may have the 24
decision reviewed within 28 days; 25
(d) the way the person may have the decision reviewed; 26
(e) if the decision is that a licence be suspended or cancelled, a 27
direction that the person surrender the licence to the chief 28
executive within 7 days after receiving the notice; 29
85
Pest Management Bill 2001
SCHEDULE 3 (continued)
(f) if the decision is to vary a licence, a direction that the person 1
return the licence to record the variation of the licence within 2
7 days after receiving the notice. 3
"inspector" means a person who is appointed as an inspector under 4
section 55. 5
"licence" means a licence under this Act. 6
"motor vehicle" means a vehicle for which registration is required under 7
the Transport Operations (Road Use Management--Vehicle 8
Registration) Regulation 1999 and includes a trailer. 9
"notice" means a written notice. 10
"original decision" see section 103(1). 11
"personal particulars requirement" see section 83(5). 12
"pest"-- 13
(a) generally--means an arthropod, bird, mollusc, or rodent, or 14
another biological entity prescribed under a regulation, that 15
injuriously affects, or may injuriously affect-- 16
(i) a place by transmitting disease, a toxin or another pest in the 17
place or by causing physical damage to the place or a thing 18
in the place; or 19
(ii) a person by transmitting disease, a toxin or another pest to 20
the person or by causing distress to, or an adverse 21
physiological or social effect in, the person; and 22
(b) for the definitions "fumigant" and "fumigation 23
activity"--includes a fox or rabbit. 24
"pest control activity" means-- 25
(a) preparing a pesticide for use, including measuring, mixing or 26
weighing the pesticide; or 27
(b) using a pesticide to-- 28
(i) kill, stupefy or repel a pest; or 29
(ii) inhibit the feeding of a pest; or 30
(iii) modify the physiology of a pest to alter its natural 31
development or reproductive capacity. 32
86
Pest Management Bill 2001
SCHEDULE 3 (continued)
"pesticide" means a chemical or biological entity that is ordinarily used 1
to-- 2
(a) kill, stupefy or repel a pest; or 3
(b) inhibit the feeding of a pest; or 4
(c) modify the physiology of a pest to alter its natural development 5
or reproductive capacity. 6
7
Example of a biological entity--
8
Bacillus thuringiensis, a bacterium used for the control of mosquito larvae.
"pest management activity" means a fumigation activity or pest control 9
activity. 10
"pest management authority" means an authority under a corresponding 11
law to carry out a pest management activity that is the equivalent of a 12
licence. 13
"pest management qualification" means a certificate issued by a 14
registered training organisation stating that an individual has achieved 15
a competency standard prescribed under a regulation. 16
"pest management technician" means an individual who holds a licence. 17
"place" includes premises and vacant land. 18
"place of seizure" see section 74(a). 19
"premises" includes-- 20
(a) a building or other structure; and 21
(b) a part of a building or other structure; and 22
(c) land where a building or other structure is situated; and 23
(d) an aircraft, motor vehicle or ship. 24
"primary production" see section 6. 25
"properly supervised", in relation to the carrying out of a pest 26
management activity by a trainee, means the trainee carries out the 27
pest management activity under the supervision of a pest management 28
technician who-- 29
(a) is authorised to carry out the activity under the technician's 30
licence; and 31
87
Pest Management Bill 2001
SCHEDULE 3 (continued)
(b) is personally present with the trainee at all times while the trainee 1
carries out the pest management activity; and 2
(c) ensures the trainee carries out the pest management activity 3
under any requirements, relevant to the trainee, prescribed under 4
a regulation. 5
"proposed action" see section 44(3)(a). 6
"public place" means a place the public is entitled to use, open to the 7
public or used by the public, whether or not on payment of money. 8
"registered training organisation" means a training organisation 9
registered under the Training and Employment Act 2000 or under 10
similar legislation of another State. 11
"relevant offence" means -- 12
(a) an indictable offence; or 13
(b) an offence against-- 14
(i) this Act; or 15
(ii) a repealed provision; or 16
(iii) a corresponding law; or 17
(c) an offence, relating to a pest management activity-- 18
(i) against the Workplace Health and Safety Act 1995; or 19
(ii) against another law applying, or that applied, in the State, 20
the Commonwealth, another State or a foreign country. 21
"repealed provision" means the Health Act 1937, part 4, division 7 or the 22
Health Regulation 1996, part 10 or 12, as in force before its omission 23
by this Act. 24
"review decision" see section 106(1). 25
"review notice" see section 106(2). 26
"show cause notice" see section 44(2). 27
"show cause period" see section 44(3)(e). 28
"site environment" means a particular, or type, of place. 29
30
Examples of a site environment--
31
A ship's hold or a silo.
88
Pest Management Bill 2001
SCHEDULE 3 (continued)
"spent conviction" means a conviction-- 1
(a) for which the rehabilitation period under the Criminal Law 2
(Rehabilitation of Offenders) Act 1986 has expired under that 3
Act; and 4
(b) that is not revived as prescribed by section 11 of that Act. 5
"State analyst" means a State analyst appointed under section 97(1). 6
"thing" includes a sample of, or from, a thing. 7
"trainee" means a individual who is-- 8
(a) 17 years or more; and 9
(b) being trained to enable the individual to obtain a pest 10
management qualification. 11
"vary", a pest management activity that may be carried out under a 12
licence, or a condition of a licence, means-- 13
(a) the inclusion of a new activity or condition; or 14
(b) the removal of an activity or condition. 15
16
© State of Queensland 2001
[Index] [Search] [Download] [Related Items] [Help]